Results 1 to 10 of 16

Hybrid View

  1. #1
    Join Date
    Jul 2010
    Posts
    6

    Default Does a Union Contract Override the Law

    My question involves employment and labor law for the state of: PENNSYLVANIA

    Pennsylvania passed a law regarding mandation of staff in nursing facilities ( ACT 102)
    Our union contract had a section regarding mandation as well, long before the law was passed.
    I was terminated by my employer due to refusing mandation twice in 6 months, which is in the contract.
    The law says nothing about this two refusal termination.
    Shouldn't the contract been revised when the law was passed?

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Does a Union Contract Over-Ride Law

    Please explaine what you mean by "mandation of staff."

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does a Union Contract Over-Ride Law

    Find the bill here and post a link. If you can figure out the word you actually mean when you say "mandation", it would be helpful if you would tell us the actual word. (Mediation?)

  4. #4
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Does a Union Contract Override the Law


  5. #5
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Does a Union Contract Override the Law

    I was fired after 32 years service because I refused mandation twice in a 5 month period..in the contract it states you can't refuse twice in a 6 month period..( they mandate constantly and you never knew when it was your turn)
    Shouldn't the contract section regarding mandation been revised when the ACT 102 law regarding mandation became in effect last July?

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Does a Union Contract Override the Law

    What the heck is "mandation"?

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Does a Union Contract Override the Law

    The law does not state that covered employees may not work more than their regularly-scheduled shifts, it states that covered employees need not work extra shifts that they haven't agreed to.

    You have agreed to work extra shifts and have made this agreement via your representative, the union. If you have a problem with how your CBA is interpreting your agreement with the union, your problem is with your union, not your employer.

  8. #8
    Join Date
    Jul 2010
    Posts
    6

    Default Re: Does a Union Contract Override the Law

    Mandation is mainly for nursing..you are forced to work a extra 4 hours after your shift.
    Its supposed to be used as a last resort, but my place of employment used it to fill staffing holes...they had no part timers..just kept using staff to work extra.

  9. #9
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Does a Union Contract Override the Law

    I'm guessing she means mandatory overtime to maintain proper staffing levels.

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Does a Union Contract Override the Law

    Quote Quoting rhia22
    View Post
    Mandation is mainly for nursing..you are forced to work a extra 4 hours after your shift.
    Its supposed to be used as a last resort, but my place of employment used it to fill staffing holes...they had no part timers..just kept using staff to work extra.
    Again, your union agreed to this on your behalf.

    1. Sponsored Links
       

Similar Threads

  1. Harassment: FMLA with a Renewal of Union Contract
    By t.tuttle in forum Employment and Labor
    Replies: 5
    Last Post: 11-30-2010, 09:32 AM
  2. Collective Bargaining: Union Contract vs Company Policy Handbook
    By MUSTANGMAN in forum Employment and Labor
    Replies: 2
    Last Post: 03-29-2009, 10:40 PM
  3. Collective Bargaining: No Union Company Possibly Going Union
    By independent in forum Employment and Labor
    Replies: 2
    Last Post: 03-01-2009, 04:18 PM
  4. Collective Bargaining: Can a Union Contract Superseed State Law and Take My Break Away?
    By ridecosnow in forum Employment and Labor
    Replies: 1
    Last Post: 08-05-2008, 07:45 AM
  5. Credit Union's Breach of Contract
    By madamsanders in forum Cars and Dealerships
    Replies: 15
    Last Post: 10-25-2007, 01:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources