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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113493
Experience:  20+ Years of Employment Law Experience
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Can a company whose workforce is represented by a collective

Customer Question

Can a company whose workforce is represented by a collective bargaining agreement compel one union member to perform a work effectiveness report on another union member (peer to peer) with areas to judge the individuals performance as unsatisfactory and poor? Once the report is completed, it is to be submitted to management for evaluation.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, unless there is something in the union contract that addresses this situation differently, there is no union prohibition on another union member performing a work evaluation or peer to peer evaluation. As long as the employee is not making any management type decisions, which means they cannot make a decision to promote, demote, hire or fire, just filling out the evaluations is not a violation of the union agreement unless the contract says otherwise.
Customer: replied 4 months ago.
Thanks for your reply. I agree that performing a peer to peer appraisal of a fellow member of the same union that recognizes me can be legally ordered by my employer as long as the results of the examination is held in confidence between the two parties but if the results are demanded by management and leads to a possible jobs action against the individual, where can this lead to?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If the employee peer is recommending action, then this could violate the union agreement and would be grounds to file a grievance with the union for an unfair labor practice in using a peer for management activities outside of their job title which violates contract as management cannot be part of the bargaining unit.