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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Would a attendance plan for bargaining unit employees be subject

Resolved Question:

Would a attendance plan for bargaining unit employees be subject to collective bargaining with an existing union in private industrus
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

What do you mean attendance plan? What disciplinary action may be taken after a number of absences? Please clarify.

Thank you.

Customer: replied 4 years ago.
Corrective action and Discharge is the ultimate result if noncomplaince continues
Expert:  Tina replied 4 years ago.
I see.

Under the NLRA, an "employer is required to bargain in "good faith" with the certified labor organization representing the employees. Collective bargaining can be divided into three separate areas: the duty to meet and confer; the duty to bargain in good faith; and the duty to cover certain subjects. The employer is not required to agree to any particular contract provision, no matter how reasonable or fair it appears to the union. However, refusing to meet at reasonable times; refusing to discuss grievances; refusing to discuss wages, benefits, or other mandatory subjects of bargaining; "take it or leave it" bargaining; or attempts to make deals behind the backs of the negotiating committee would be unfair labor practices."

See the following link for additional information:

Employee attendance and disciplinary policies are proper subjects of negotiations and the employer has a duty to bargain with the union in good faith or a ULP charge may be filed against the employer.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Tina and other California Employment Law Specialists are ready to help you

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