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John, Attorney
Category: Business Law
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Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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is it legal for a unionized corporation to have members of

Resolved Question:

is it legal for a unionized corporation to have members of the same family at multiple lead possitions
Submitted: 1 year ago.
Category: Business Law
Expert:  John replied 1 year ago.

EmplmntLaw1 :

What type of lead positions are you referring to? - if they are unionized positions for which the union is the exclusive bargaining unit representative, the positions are supposed to be filled in accord with whatever procedure is agreed to by management and the union via the collective bargaining agreement. If they are non-union, some companies have anti-nepotism policies that state that a family member should not be involved in hiring in another family member. But, even if the company has an anti-nepotism policy for its non-union workers, the policy may be broken without consequence; i.e., the company is not contractually bound by its own policies.

Customer:

the company I work for has 6 members of the same family in unionized lead positions and another 5 members of the same family in every department they use there family to inform and spy everyone in the plant.

EmplmntLaw1 :

I see, it is an unfair labor practice to essentially have a company controlled union - have you or anyone else considered filing an unfair labor practice regarding this?

EmplmntLaw1 :

The process you would take to remedy this is to file a charge with the National Labor Relations Board to investigate and ultimately bring charges against the company and possibly these family union members. This is free of charge to you and the company and union would be prohibited from retaliating against you for filing a charge; it would be a violation of the Act for them to retaliate against you in any manner.

EmplmntLaw1 :

Here is the link for information on how and where to file an unfair labor practice charge. http://www.nlrb.gov/what-we-do/investigate-charges

EmplmntLaw1 :

If you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to build my expert ranking. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Business Law
Satisfied Customers: 2967
Experience: Licensed and practicing attorney helping businesses achieve their legal and practical goals.
John and 7 other Business Law Specialists are ready to help you
Expert:  John replied 1 year ago.
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Expert:  John replied 1 year ago.
What type of lead positions are you referring to? - if they are unionized positions for which the union is the exclusive bargaining unit representative, the positions are supposed to be filled in accord with whatever procedure is agreed to by management and the union via the collective bargaining agreement. If they are non-union, some companies have anti-nepotism policies that state that a family member should not be involved in hiring in another family member. But, even if the company has an anti-nepotism policy for its non-union workers, the policy may be broken without consequence; i.e., the company is not contractually bound by its own policies.
5:21 PM Customerhas entered this chat! Customersays:
5:28 PM
the company I work for has 6 members of the same family in unionized lead positions and another 5 members of the same family in every department they use there family to inform and spy everyone in the plant.
5:29 PM Customerhas stepped out of this chat.
EmplmntLaw1 says:
5:30 PM
I see, it is an unfair labor practice to essentially have a company controlled union - have you or anyone else considered filing an unfair labor practice regarding this?
5:43 PM
The process you would take to remedy this is to file a charge with the National Labor Relations Board to investigate and ultimately bring charges against the company and possibly these family union members. This is free of charge to you and the company and union would be prohibited from retaliating against you for filing a charge; it would be a violation of the Act for them to retaliate against you in any manner.
5:44 PM
Here is the link for information on how and where to file an unfair labor practice charge. http://www.nlrb.gov/what-we-do/investigate-charges
5:44 PM
If you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to build my expert ranking. Thank you, XXXXX XXXXX wish you all the best with this matter.

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