Union Work on Employers Time?

bchapin

I am trying to find out if union employees have to be allowed time during their work day to tend to union matters? Example the president of the union here where I work spends quite a bit of time asking questions clarifying articles in a CBA here; or requesting lists during working hours; or wanting to know history on items they may be negotiating for, etc. She does this during her normal working hours. Which leads me to believe other union employees correspond with her as well regarding union matters, during their work day.

Seems the union employees here get more aggressive (and demanding) by the day on information they are wanting. They may not always get it... but I really would like to know if these employees legally have to be allowed time while they are on the time clock, to do this? Shouldn't they be doign their "job" vs. working on union stuff?

Can anyone help me with this or refer me to where I may find more specifics on this?

Thanks!

LindaS

You should refer to the wording in your collective bargaining agreement regarding this issue. For example, our CBA states that a union committee member has the right to conduct an investigation into possible grievances during working hours after obtaining permission from their supervisor. Outside of this, the union is not permitted to conduct "union business" on company time (management meetings excluded, of course).

If she is requesting lists of information or history on items not related to a grievance, in absence of contract language to the contrary, I would not permit it to be done on company time.

This is something that is very hard to police but when we run into a group of EEs talking we approach the group to determine what it is they are talking about. This usually causes them to disperse.

The other thing to remind this EE is that she is still required to maintain production standards. If she is not doing so you can discipline accordingly. Performing union business on company time does not grant the EE the right to NOT meet their job requirements.

Good Luck!

davids

I agree with LindaS that you need to check language in your CBA. The contracts I work with are specific to union officers/stewards' rights. In most situations they are provided limited rights to perform union business on work time such as investigating grievances.

My experience is that unions will usually push to see what they can get away with. I would hold fast that if the CBA does not provide them the right, then they shouldn't be performing union work on company time.

The request for information is a different story. Under federal and most state's laws, employers have an obligation to provide information related to contract negotiations and administration. However, you can charge the union reasonable costs to compile the information. I have had unions make requests that would have required the employer to actually hire a temporary employee for several weeks to compile the information. I have adopted the process of first making the union put the request in writing so there is clarity as to what they are requesting. Then, to the best of my ability, I give the union an estimate of the costs, and, perhaps, ask for payment up front. Usually, getting an estimate of $18,000 -$30,000 will cause the union to re-evaluate what information they really need.