Contract by defalut?!?

LindaS

We are a union facility and just finished our contract negotiations. The union membership voted on the proposal yesterday and voted it down. They then took a strike vote and that was voted down as well. I am now being told that we have a contract because the strike vote was voted down. In my past experiences if a contract proposal was voted down the decision then was whether to go back to the negotation tables and extend the contract or to decide NOT to extend the contract and put the latest proposal in place.

Has anyone heard of a contract being put in place by the union like this?

Shadowfax

Contract ratification and stricke vote are two, separate things, neither affecting the other. In my experience we always extend the contract pending notification by one or the other that we would term it (the extension) pending negotiations and ratification of a new one. I would never 'permit' the last proposal to be put in place unless it were a ratified contract. I would not let the jnion ramp up their position by going with the last proposal and then continuing negotiations. Either you have a K or you don't and you continue to work under the old one. Generally, the employer is the one to put the last proposal in place by declaring an impasse and unilaterlly forcing the last proposal.If the contract wern't ratified, both sides shoud be back to a clean slate, if you want too, and any or all of the last proposal is subject to further negotiation.

martman99

I agree with "SHADOWFAX"! Basic contract law would dictate that unless there was ratification of the new contract, the only other two options would be no contract AT ALL or substitute the previously ratified contract temporarily until an agreement can be reached. There is more than likely an extension clause within the previous contract.

Marty

LindaS

Thank you both for your responses and I did receive an answer...

It appears that the union we have has a clause in their bylaws that state if a contract is not accepted, and a strike vote is taken but does not go through, the contract is accepted by default. This is the first time I ever heard of such a thing but that's how things played out. The union membership could have voted to go back to the negotiation tables and request an extension of the contract but they didn't. They elected to go for the strike but didn't get it. Lucky for us, huh!?!

Shadowfax

...and employee's think the union is looking ojut for their best interests? but lucky you! Go figure!

Margaret Morford

I'd say the union just gave you the best Christmas present you ever had by cramming a contract the membership didn't want down their throats with a technicality in the by-laws.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Beave

What a GREAT clause. We know YOU'LL have a nice "holiday". How do I get my unions to fall for that one? Happy holidays everyone !!!! :DD