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i work for macys in the furniture gallery in elmhurst queens.a

 
PaulMJD's Avatar
  • Answered by:PaulMJD
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Customer Question

i work for macys in the furniture gallery in elmhurst queens.a year ago the sales associates voted to implement a union contract. 1 year later we have not come to a agreement on a contract. in the last two weeks we voted against having a union contract.last week the union came to the store and said there is a nunion contract because of there constitution,written that they super exceed our vote.why is this legal and how can we fight the union. my email XXXXX@XXXXXX.XXX please help .

Submitted: 278 days and 13 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  PaulMJD replied 278 days and 13 hours ago.

In order to override the union, the employees would have to have a vote to decertify the union. To decertify the union, the employees must get with the National Labor Relations Board and petition them. This can be a problem with your union as well as it is a new union. As you are newly unionized, you cannot decertify a union for at least one year following certification of the union, which should not be a problem for you if you were certified more than a year ago.

However, if your union constitution states they can override your vote on the first contract, then you are stuck with that contract I am afraid and this is a problem becauseif a contract is negotiated within the first year and you do not like it, you cannot decertify the union for the length of the contract or three years, whichever is shorter.

Furthermore, as a union member, most unions prohibit their members from fostering, supporting, or participating in the decertification of the union and may place you on trial and you need to get a copy of your union's constitution to see what their rules are.

Thus, these are some of the issues with unions people do not realize in that once you get a union in, it can become very difficult to get rid of them. The NLRB can assist you as long as the above criteria are met, but if they are not, you cannot get rid of the union just yet.


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Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 98.3 %
Accepts: 11412
Answered: 7/6/2012

Experience: 20+ Years of Employment Law Experience

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