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  1. #1
    Join Date
    Feb 2019
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    Question Implementing New Hours of Work in a Union Shop

    My question involves labor and employment law for the state of: WI
    Work at a small(30) union shop where contract specifies three eight hour shifts Monday through Friday, 1st 7-3, 2nd 3-11, and 3rd 11-7.
    New contract signed in Oct., 2018 with above hours clearly stated. Company has since eliminated 3rd shift, and wants to implement a four day ten hour shift rotation, but only for 2nd shift.
    As this is a unilateral change that only applies to one shift, I feel it violates the contract and should not be allowed to happen.
    Apparently the company feels the bargaining unit employees don't even need to vote on this, and they can implement this on a trial basis at will.
    Any thoughts?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Implementing New Hours of Work; Union Shop

    Sounds shady to me, but we've not seen your collective bargaining agreement. You should talk to the union. They have attorneys on staff for this kind of question.

  3. #3
    Join Date
    May 2014
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    211

    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting flyingron
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    They have attorneys on staff for this kind of question.
    Really? No 30 man union I know of has on staff attorneys.

    The bottom line is that before it gets to labor law, it has to progress fully through the grievance procedure stated in the contract. From what the OP has mentioned, it does sound like there may be a grievance worthy of contradicting the contract.

  4. #4
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    Oct 2014
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    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting Guybrush
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    Really? No 30 man union I know of has on staff attorneys.
    Most union shops I've seen are part of, or affiliated with, one of the major unions and those big unions do have some in house lawyers that the local unit may be able to access for questions. So don't look at just the size of this one company's union base. Look also at what the larger union or affiliation has to offer.

  5. #5
    Join Date
    May 2014
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    211

    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting Taxing Matters
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    Most union shops I've seen are part of, or affiliated with, one of the major unions and those big unions do have some in house lawyers that the local unit may be able to access for questions. So don't look at just the size of this one company's union base. Look also at what the larger union or affiliation has to offer.
    The "major" unions do have lawyers - but they are not used for advice from union members. They are generally available for advice if the local union leadership is considering going into arbitration and/or filing a complaint with the labor department. During arbitration, local unions generally hire local lawyers. The major union lawyers will not reposnd to a union member for advice - they will tell them to seek advice from the local union leadership.

  6. #6
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    Sep 2010
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    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting Guybrush
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    Really? No 30 man union I know of has on staff attorneys.

    The bottom line is that before it gets to labor law, it has to progress fully through the grievance procedure stated in the contract. From what the OP has mentioned, it does sound like there may be a grievance worthy of contradicting the contract.
    I don't know of any 30 man Unions. His shop may have a 30 man local MEC, but I can almost bet they're part of a larger union.

  7. #7
    Join Date
    Feb 2019
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    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting flyingron
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    I don't know of any 30 man Unions. His shop may have a 30 man local MEC, but I can almost bet they're part of a larger union.
    Yes, you are correct. 30 employees, part of a larger local, part of IAM. In my opinion, union only cares about getting contracts signed to keep dues coming in(I have been involved in grievances, and been told by our district rep that if it went to arbitration they would drop it). Company is international, and major player in their field. Not so concerned about three shifts, as they have already eliminated one, just don't want to see second shift work four days when first shift will not be allowed to and will end up getting hung for long hours to finish jobs that take more than eight hours to complete because no one will be following.

  8. #8
    Join Date
    Feb 2019
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    3

    Default Re: Implementing New Hours of Work; Union Shop

    Quote Quoting flyingron
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    Sounds shady to me, but we've not seen your collective bargaining agreement. You should talk to the union. They have attorneys on staff for this kind of question.
    Have talked to the union, they are actually negotiating this even though it affects the minority of workers and the majority is opposed.
    As far as attorneys, our shop committee seems reluctant to file grievances, and they usually get settled before they would go to arbitration(almost always in company favor).

  9. #9
    Join Date
    Oct 2006
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    16,474

    Default Re: Implementing New Hours of Work; Union Shop

    To be honest, this sounds like the kind of thing that a company might do in order to solve a profitability/cash flow problem. You need to take into consideration that if you are successful in forcing them do keep the three shift schedule, you might force them into a sale or a closure and that might cause you to lose your job.

  10. #10
    Join Date
    Mar 2013
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    1,279

    Default Re: Implementing New Hours of Work; Union Shop

    Is the entire union comprised of those 30 employees?

    What does the contract say about making changes to the working condition?

    Is it possible the company may have engaged in a meet and confer with the union that you are unaware of?

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