I am a member of a union who I believe have bargained with the company without opening the current contract. The company has offered all assocates double time for working the uncoming holiday. All assocates will be paid the 8 hours double time and the Holiday Pay making it triple time. My problem is some assocates do not quilify for the holiday pay of 8 hours but the complany is going to pay it to them anyway if the work the hoilday. Is this legal due to the fact our CBA states no holiday pay until you have worked for the complay for 90 days. The company is also doing a drawing for all assocated who work on the same holiday for 5 vacation days. The CBA states how many vacation day you will get but the are going to give two assocates per shift 5 extra vacation days. Again some assocates don't quilify for vacation per the collective Bargaining Agreement. Is this legal, Can they do this without the member ship okaying it?
talked to the union and complany stating it was wrong and stating it is unfair bargaining
Hi, and Welcome to JustAnswer, My name isXXXXX am an Attorney and I would be glad to help Answer your question, but I will need some additional information, if you do not mind1. Is there a shop Steward available at your place of employment ?2. If so, have you raised this issue with him/her ? 3. Please tell me which part of what the employer is offering is unfair or illegal and why Thank you, XXXXX XXXXX look forward to your reply and to working with you
1. Yes I have a shop steward at my place of employment.
2. Yes I have talked to the President of the Union
3. I believe the company must pay all persons under the Collective Bargaining Agreement the amount negotated which is stated in the CBA. I also believe the company can pay more if they choose to but it must be done evenly acrossed the board to all assocates. As I stated in my question the company is basically paying hoilday pay to people who have not reached the time limit to receive it yet, but only if they work that holiday. To be evenly done acrossed the board the company would have to pay the hoilday pay to all people weather they worked on the holiday or not. (If an assocate works the will be paid double time for the work performed and hoilday pay on top of that)
The next question I had was about the random drawing for 5 vacation days for the people who work on the hoilday. The collective bargain Agreement states assocates will receive vacation time only after working 6 months for the company. How can a company give a negotated benefit to somebody that has not earned it in accordance with the Collective Bargaining Agreement?
Thank you for your addtionnal information, I am preparing your Answer and did not want you to think I had forgotten you. We have had some technical difficulties causing some delay in transission of Answers to the customers, but I believe they are almost completely repaired. I will post your Answer in a few minutes,Thank you, ANDREA
Thank you for your patience and understanding, I think that the moretechnology we use, the more problems we encounter,
The Union and the Collective Bargaining Contracts that are negotiated are for the benefit and protection of the Union members and to guard against employers taking advantage of them in terms of wages, benefits, job security and to set a standard,below which an employer cannot go without the imposition of fines and penalties. The Collective Bargaining Contracts do not specify a maximum amount, or a ceiling for wages, or benefits which an employer can offer to his employees and if the employer wants to give his employees more than the Collective Bargaining Contracts call for, he can do so and the union is certainly not going to complain about these additional benefits.
In the situation you described, the offer of additional hourly wages offered by the employer to employees who will work on a holiday is not illegal and it is not discriminatory in nature.It is not illegal because he is offering more than what the Collective Bargaining Contract calls for, so in that regardhe is not going against any terms or offering less than what is required of him by the Collective Bargaining Contract.Neither isit discriminatory in nature because he is making the same offer to all employees.The employer will pay the same rate to all employees who agree to work on a holiday.He is not taking any benefit away from any employee and anyone who wants to work will be paid at the same rate.What would be discriminatory in nature would be if the employer had offered the same increase to all employees, but required only certain employees to work on holidays.The employees wo would berequired to work on a holiday would be the subject of discrimination in that they would have to work for the additionalpay, while other employees would receive the additional pay without having to work for it.
Where an employer needs certain work to be done, but does not have enough employees to produce the work he wants done, the employer can offer “incentives” in order to induce employees to work so that theemployer’s work gets done.People do not normally want to work onholidays, some kind of Incentive must be offered as an inducement.And, this also applies to the offer of additional vacation days which is also offered as an incentive.This too, would be discriminatory ifthe employer offered the extra vacation day to all employees, but required certain employees to work on a holiday in order to be eligible for the drawing to win additional vacation days.
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