Employment Lawyers Can Answer Your Employment Law Questions
How do I know if it is a third party beneficiary contract? Carleen
How can this employer be At-will, have permanent employees all under the same contract. The Agreement reads the employees represented must be permanent employees - these are all At-will from my read. It also states the employees must have signed a current employee agreement. Current meaning from 1970 or an amended version. If ICC has the right to change that agreement without approval from the represented employees and they refuse to sign - is the agreement void? What happens if we give notice to terminate or negotiate new terms and there is an impass tat the mediator can not resolve. Where is the Agreement then?Carleen
Now I am confused. Initially you felt this was a Third Party Beneficiary Agreement. Is it a Union Contract? I am not sure what the reference to the Right to Work has to do with this? I know the members can decline but that is not our issue. We (ICC) would like to void this contract and start over, or ask for a moratorium of the costs, or add a two tier structure one for existing and one for new hires. Of course we have the option of ignore the contact and waiting for the employees to sue. What would be your advice on how to proceed?
There is no union as representative of workers, because there has never been an NLRB election. The right to work prevents any organization from preventing an employee from working or bargaining independently of some other organization. A third party beneficiary agreement permits a worker to enforce an agreement that the employer has agreed to follow. It does not require an employee to enforce the agreement. Section 3 of the agreement permits termination after good faith mediation fails. All you have to do is mediate and if you don't get what you want, then the agreement terminates. Send notice to all current employees that if they want to mediate, they need to designate a representative to the mediation. If no one responds within the time limits of Section 3, then terminate the agreement. Simple as that.Hope this helps.
I am with you so far but what happens if we mediate and there is no change. Is the Contract terminated at this point too?Carleen
I am still a bit confused with the contradictory answers of what happens if we negotiate to an impasse. In one case you say we have to abide by the contract and in the other you say the contract is terminated. Which can I rely on for this?
I don't believe that there is anything contradictory in my previous answers, so please permit me to try again to clarify any possible misunderstanding.
The issue surrounds a third party who attempts to enforce the agreement as currently agreed upon at the time that enforcement is sought -- as opposed to the modification or termination of that agreement.Right at this instant, there has presumably been no attempt to terminate the agreement. Therefore it is enforceable as currently written, and any third party employee can enforce the agreement on its terms and conditions. However, if you start proceedings to terminate the agreement, then that may change the outcome. As a practical matter, and as an employer, you want to impose a specific at will employment contract on all of your employees. Let's call that agreement X. Currently, there is an agreement Y, to which all employees and you are subject. You can, in good faith attempt to bargain in good faith for the modification of agreement Y, such that it will ultimately resemble agreement X in all material respects. If you accomplish this goal, then there is no reason to terminate agreement Y, because it would be identical to the desired agreement X. However, if you cannot accomplish the goal, then once negotiation and mediation fail, agreement Y terminates, and it is at that instant, unenforceable by any present or future employee. And at that point you would be free to impose agreement X, and if any employee disagrees, then you can terminate them effective immediately. The result in each circumstance is the same: an agreement X will be formed, either by negotiation/mediation under the existing Section 3 of agreement Y, or by force, after termination of agreement Y.Hope this helps.
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