Hello, I have a question as to whether or not a union handbook
may be null and void and deemed a conflict of interest if:
-An Employee who had a hand in writing the Union handbook left the job for a year( as of now not sure of the reason)
and then a year later gets hired back on management side.
In the union handbook there is a clause that states “Each employee must, on the 91st day after the date of signing of this Agreement or upon completion of ninety(90) calendar days of actual service with the company, whichever is later, become and remain a member of the Union in good standing as a condition of employment during the term of this agreement. The Union shall not discriminate against any employee, and membership in the Union shall be available to any employee on the same terms and conditions generally applicable to other members. For the purposes hereof, an employee who has timely paid or tendered to the Union his initiation fee and periodic dues shall be a member of the Union in good standing” -The employee left the union for a year and came back before the contract was up on management side.
But also there’s a clause that states “the provisions of the above paragraph shall be null and void as long as prohibited by applicable state and or federal statues.”
And finally there is a clause towards the end of the book that states “this agreement constitutes the entire agreement between the parties and revokes all prior agreements. Any subsequent agreement must be reduced to writing and executed by both parties before being effective.”
Can any of this show a conflict of interest especially if the union book can be heavily proved that all of the clauses are benefiting management?