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I have a question regarding a JCBA that our union has with company and a depostion

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langaustin

Junior Member
What is the name of your state (only U.S. law)? Texas

I am a union member and we have a JCBA agreed with our company. I have been summoned last minute to a deposition as a representative of the company and the deposition actually negates an agreement with our union JCBA contract and the company. Does the company have to honor the jcba contract from my union?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Texas

I am a union member and we have a JCBA agreed with our company. I have been summoned last minute to a deposition as a representative of the company and the deposition actually negates an agreement with our union JCBA contract and the company. Does the company have to honor the jcba contract from my union?
In what way does the deposition "negate" the joint collective bargaining agreement?
 

langaustin

Junior Member
In what way does the deposition "negate" the joint collective bargaining agreement?

We have a JCBA that says I am to at least have a minimum of 10 duty free periods and the deposition I am to attend n the companies behalf will violate that contract thus giving me only 9 days off. I am a flight attendant so i have trips that i fly. if that helps understand that is a JCBA with an airline. This for my rest and time away from base.
 
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quincy

Senior Member
We have a JCBA that says I am to at least have a minimum of 10 duty free periods and the deposition I am to attend n the companies behalf will violate that contract thus giving me only 9 days off. I am a flight attendant so i have trips that i fly. if that helps understand that is a JCBA with an airline. This for my rest and time away from base.
Are any of your 10 duty free days moveable or flex days?
 

langaustin

Junior Member
Are any of your 10 duty free days moveable or flex days?
NO they are not I have vacation time that is awarded and the company failed to notify us early so I cannot make changes to my vacation time nor the money spent towards my vacation. Vacation is awarded by seniority, so it would cause another uproar. Also The company is sticklers and I am sure they will not want to remove me from a trip that lands on chrisms day, but would ultimately have to since our company has done a poor job and the person in charge is on vacation until december 6. IN which I leave for New Zealand on December 6. I know this is very sad and poorly organized by my companies behalf. I had consulted our union but was not able to get an answer. They are also honoring another crew member request to have the deposition at another time since it will interfere with her FMLA.
 
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langaustin

Junior Member
NO they are not I have vacation time that is awarded and the company failed to notify us early so I cannot make changes to my vacation time nor the money spent towards my vacation. Vacation is awarded by seniority, so it would cause another uproar. Also The company is sticklers and I am sure they will not want to remove me from a trip that lands on chrisms day, but would ultimately have to since our company has done a poor job and the person in charge is on vacation until december 6. IN which I leave for New Zealand on December 6. I know this is very sad and poorly organized by my companies behalf. I had consulted our union but was not able to get an answer. They are also honoring another crew member request to have the deposition at another time since it will interfere with her FMLA.

Those duty free days are all on days I do not fly on trips and also including my vacation days. I cannot move any days or I will not have anything on my paycheck. I am paid by trip and per diem. The company is removing a week of my trips but it is considered "work" when I am attending a deposition and so legal I would not have the appropriate rest need. Even the FAA would consider attending a deposition as work and if I were to have a trip afterwards, they would have to give me a 24 hour rest period as not to have an FAR.
 

quincy

Senior Member
NO they are not I have vacation time that is awarded and the company failed to notify us early so I cannot make changes to my vacation time nor the money spent towards my vacation. Vacation is awarded by seniority, so it would cause another uproar. Also The company is sticklers and I am sure they will not want to remove me from a trip that lands on chrisms day, but would ultimately have to since our company has done a poor job and the person in charge is on vacation until december 6. IN which I leave for New Zealand on December 6. I know this is very sad and poorly organized by my companies behalf. I had consulted our union but was not able to get an answer. They are also honoring another crew member request to have the deposition at another time since it will interfere with her FMLA.
The company is unable or unwilling to reschedule the deposition?

There will often be a clause in agreements that say something like "if there is a conflict, the terms of the agreement takes precedence." Any such clause in your agreement?
 

langaustin

Junior Member
The company is unable or unwilling to reschedule the deposition?

There will often be a clause in agreements that say something like "if there is a conflict, the terms of the agreement takes precedence." Any such clause in your agreement?
I guess they would have to wait till next month if they did not want to honor the contract and give me the days off christmas... or i would have to file a grievance with the union but I am hoping that they will oblige... I jsut wanted a second opinion and consulted a lawyer an in-law, and her said the deposition has to work with with me and my employment contract (JCBA)
This is correct?

I have had to look up information our union may not know so i want to educated and know what my rights are. thank you so much for your help

I would much rather have the deposition finished and over with.
 
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quincy

Senior Member
I guess they would have to wait till next month if they did not want to honor the contract and give me the days off christmas... or i would have to file a grievance with the union but I am hoping that they will oblige... I jsut wanted a second opinion and consulted a lawyer an in-law, and her said the deposition has to work with with me and my employment contract (JCBA)
This is correct?


I have had to look up information our union may not know so i want to educated and know what my rights are. thank you so much for your help

I would much rather have the deposition finished and over with.
It is my belief that, if the deposition is for a work-related matter, the company would not be able to schedule a work-related deposition for you on one of your duty free days. Your JCBA would need to be read in its entirety to determine this better, however.

If the deposition is for a private matter, on the other hand, the terms of your JCBA would not apply.

Please verify all that I have said and review all facts with a professional in your area. There is too little disclosed and known here for me to make any definitive statements.

Good luck.
 

langaustin

Junior Member
It is my belief that, if the deposition is for a work-related matter, the company would not be able to schedule a work-related deposition for you on one of your duty free days. Your JCBA would need to be read in its entirety to determine this better, however.

If the deposition is for a private matter, on the other hand, the terms of your JCBA would not apply.

Please verify all that I have said and review all facts with a professional in your area. There is too little disclosed and known here for me to make any definitive statements.

Good luck.
Yes the deposition is for a work related matter. They removed us from our trips scheduled the week of the disposition. We will receive our hours for the trips that were taken away from us, but they will not pay us our per diem, which greatly effects our paychecks. I was told by union that they were not able to pay for the per diem that would normally be paid for the trip. Was our union rep misinformed? Does the company also have to reimburse me for the milage I will spend driving to and from to attend the disposition? Thank you
 

langaustin

Junior Member
Yes the deposition is for a work related matter. They removed us from our trips scheduled the week of the disposition. We will receive our hours for the trips that were taken away from us, but they will not pay us our per diem, which greatly effects our paychecks. I was told by union that they were not able to pay for the per diem that would normally be paid for the trip. Was our union rep misinformed? Does the company also have to reimburse me for the milage I will spend driving to and from to attend the disposition? Thank you

May I Also ask. I was told that since they are video taping the deposition that we would probably not have to go to court, if it goes to trial. Was I also mis informed about this. We are based in Texas but the suit is filled in another state. I often thought that if the case goes to trial that we would have to go to the state the suit was filled in.
 

quincy

Senior Member
Yes the deposition is for a work related matter. They removed us from our trips scheduled the week of the disposition. We will receive our hours for the trips that were taken away from us, but they will not pay us our per diem, which greatly effects our paychecks. I was told by union that they were not able to pay for the per diem that would normally be paid for the trip. Was our union rep misinformed? Does the company also have to reimburse me for the milage I will spend driving to and from to attend the disposition? Thank you
As to pay, that again would depend on the terms of your contract. Your union rep knows more than I do.

Your costs to attend the deposition should be paid for by the one who is deposing you. This could potentially include lost wages.
 

quincy

Senior Member
May I Also ask. I was told that since they are video taping the deposition that we would probably not have to go to court, if it goes to trial. Was I also mis informed about this. We are based in Texas but the suit is filled in another state. I often thought that if the case goes to trial that we would have to go to the state the suit was filled in.
Videotaped depositions can be used in place of personal appearances.
 

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