Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default Layoff and Total Plant Closing Clauses in a Collective Bargaining Agreement

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

    My worksite is up for sale, and will close permanently in 6 months if not sold.

    The current CBA expires at the end of January, 2012. It has two related side notes. One pertains to layoffs, requiring the company give 90 days notice prior. The second pertains to total plant closure, and requires 6 months notice to represented employees prior to closure.

    The company gave both notices in the same letter to the union (90 day layoff and 6 month closure). Effects bargaining begins next week.

    Legally, are we entitled under the contract to 6 months salary, or only 90 days? The company has made statements that all employees would still be onsite and continue to receive salary, "at least through the end of the year." This sounds as though they believe the 90 day clause is correct.

    I realize the effects bargaining could change things, but in general how do the represented employees stand here?


    Here are the two clauses, with company name and salutations and signee names redacted:

    PLANT CLOSURE

    The Company will notify the Union in writing at least 6 months in advance of a complete plant closure that will involve personnel transfers or personnel layoff of bargaining unit employees.

    The Company and Union will meet with 15 days after such written notice for the purpose of discussing the effect of such closure on bargaining unit employees and to negotiate appropriate conditions and benefits for the affected bargaining unit employees.

    In the event parties are unable to arrive at a satisfactory agreement, either party shall have the right to serve a 60 day notice to terminate the collective bargaining agreement. The Union shall have the right to strike or the Company shall have the right to lockout at the end of the 60 day period unless a mutual agreement has been reached by the parties.

    LAYOFF NOTIFICATION

    In the event that the Company decides during the term of the Agreement to reduce the workforce by the layoff of employees on the payroll as of the date hereof, other than temporary or seasonal employees, Company will provide the Union with 90 days prior written notice of such layoff. Upon request, Company will meet with Union during said period on the question of possible benefits to ease the impact of the layoff on the employees to be laid off or to avert such layoff.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Layoff and Total Plant Closing Clauses in a Collective Bargaining Agreement

    Two different clauses, two different purposes.

    If the company gives notice under the first clause, it is living up to its obligation under the first clause to "notify the Union in writing at least 6 months in advance of a complete plant closure".

    If the company intends to lay employees off, it is living up to its obligation under the second clause to "provide the Union with 90 days prior written notice of such layoff".

  3. #3
    Join Date
    Oct 2011
    Posts
    2

    Default Re: Layoff and Total Plant Closing Clauses in a Collective Bargaining Agreement

    I'm not sure where that leaves us, as they gave written notice of each in the same letter. The shutdown clause does mention layoff, as well. Anyway, thanks for your answer.

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Does a Rental Agreement Have to State the Total Rent
    By pbenchcraft in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-10-2011, 07:37 PM
  2. Purchase Contracts: Backing Out of Purchase Agreement Before Closing
    By question4you in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 08-31-2010, 11:22 AM
  3. Subleases: Breaking a Sublease Agreement Under a Violation of Clauses
    By Ossenova in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 03-15-2010, 05:17 PM
  4. Collective Bargaining: Rejecting A Collective Bargaining Agreement
    By dapoktan in forum Employment and Labor
    Replies: 4
    Last Post: 07-04-2008, 07:47 PM
  5. Collective Bargaining: Union Taking Due Without Bargaining Agreement
    By Mensa_Chic in forum Employment and Labor
    Replies: 7
    Last Post: 09-05-2007, 05:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources