Bargaining Unit Members

Rich Davis

My question concerns 'when' an employee actually becomes a member of the bargaining unit and falls under the MOU. When there is no contract language spelling out this issue, does a person still in an initial-hire probation period become a member of the bargaining unit upon the hire date, or after successfully completing the probation period and being afforded permanent status?

Rich.

allsteaks

Our labor agreements spell out when an employee becomes full time which follows completion of the probationary period. They also specify that only full time employees are eligible for membership in the union. So it depends on your probationary language defining if that marks the new employee's full time status upon completion. If so, I believe they are not eligible for union membership until then.
But now I thought of another question: When do employees start paying union dues? If they are paying dues from day one then there may be an implied contract of membership.
Hope this helps.

davids

The collective bargaining agreements I have dealt with (and there have been many) all recognized probationary employees as members, but have exempted them from certain provisions, such needing "just cause" to terminate them. I would assume your contract/MOU has a recognition clause. You will want to review that language to see if it specifically excludes probationary employees. If the recognition clause does not exclude them from the union, they are probably covered.

I think the question regarding whether or not the probationary employee is paying dues is an excellent question. If they are paying dues, the union has a duty to provide fair representation. However, your best bet is to sit down with the union representative to learn his/her perspective. You don't necessarily need to agree with it, but it's important information to have before you make a decision.

LindaS

Our contract specifically states that new employees are not covered by any provisions of the contract until the completion of the probationary period. While they are members of the bargaining unit from the day they are hired, they are offered no protection from the union and are not eligible for benefits, nor do they pay union dues.

njjel

Our union contracts state they pay dues after 30 days but are not covered by the grievance process until successful completion of the probationary period.