20 months ago my union employer reduced the wages of a number of senior employees as well as reclassifying us part-time. All employees were previously full time and at the top of their wage scale. The UFCW UNION allowed these actions with no resistance. Now the employer is threatening to do the same to an even greater number of employees. I cannot find any language in the current contract that allowed any such moves. I believe that if the company found a loophole in the contract,then, the union is at fault and should compensate these employees the difference. For years the mantra has always been when you record a specific number of hours you attain the top of your pay scale. I understand that it is not a lawyers choice to sue unions as it does not happen much. Does this warrent a class action lawsuit? Guesstimate 50-75 currently affected employees.
Hello,Sorry for the delay, but there apparently aren't very many here who can intelligently comment about labor-management relations.There is a fine line here in that the union has an obligation under the National Labor Relations Act to not act in concert with the employer to defeat worker rights. On the other hand, the National Labor Relations Board (NLRB) only has jurisdiction where this concerted action is provable. Otherwise, the issue becomes one of a breach of contract between the union and the employee. This is where things always get dicey, because it's frequently impossible to figure out where the NLRB jurisdiction begins and ends. So, before you think about hiring a lawyer to go after the union directly, you may want to contact the NLRB and see if Uncle Sam is willing to accept the case. If so, then you may have no need for a class-action or any other attorney, because the government will prosecute the union for you. Assuming that the NLRB declines to assist, then I can see a colorable claim based upon your description of the contract. However, unless the union contract (or some ancillary MOU) expressly grants you the rights that you describe, then you can't use the claim that it's a well-established practice of the employer -- because without an express agreement between management and labor, the employer can simply change its policy concerning the workers "at will."For info on an NLRB complaint, see this link. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Hello,Can you tell me what more I can offer on this issue that would cause you to improve your rating of my service?
as explained in the first paragraph the staff on hand can not fully comment on labor-management relations.
I understand completely. If you change your opinion and you have a follow-up question, feel free to ask. Best wishes.
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