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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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We have an employee who works part time from home and part

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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.

Customer: replied 3 years ago.

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.

Yes, a union is to try and make the work place generally fair. That being said, they can't make things fair across the board.

They can only regulate to the extent that they can make a collective agreement that addresses every single possible point. They don't always do that and some things from before they began making agreements gets grandfathered in.
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