We have an employee who works part time from home and part time at the office. No one can ever get a hold of her when she works from home. She has been asked to work only at the office. It has caused anger and bitterness from the employees who work at the office full time. A hearing has been held, and the union said her hours are grandfathered in. I think the union is pulling a fast one thinking we will just take their word for it. Are they correct?
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
Legally, they absolutely can be correct. But the point here is that this is a matter of the contract that the union has with the company. Outside law isn't going to dictate the answer here, so you'll have to obtain a copy of your collective bargaining agreement in order to determine if "grandfathering" is allowed.
Now, it typically is permitted for things to be grandfathered in, because a collective bargaining agreement does generally address individual agreements between the employer and employees. So, the collective bargaining agreement doesn't preempt old agreements, except as it relates to the collective.
But again, you'll have to read through your particular collective bargaining agreement.
Thanks. I'll look into that. I just don't understand how she can get paid for working at home, when clearly she is not pulling her weight. The women who work with this at-home worker are also in the union and are furious for this special treatment and would like to work at home as well, but have been turned down. I thought the purpose of unions was to ensure fairness in the workplace.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).