I'm SOOO tired of the union!!!

LindaS · September 2004

Last month I posted about an employee who had used all her FMLA but scheduled a surgery that would keep her off work for 3-6 months. We granted her a 12-week LOA (making sure everything was documented) and informed her at that time that if she was unable to RTW at the end of the 12 weeks we would make a decision regarding her continued employment.

Well at the end of the 12 weeks she informed us she needed another 4 weeks off then 4+ weeks of restricted duty. At first we were looking at termination but, after discussion with the union and our attorney, decided to extend the leave due to a "gray" area regard STD benefits. In making that decision the union committee, along with the EE, were informed of this but also informed that the EE would have to go on COBRA as our plan only allows for a 3-month extension. Both stated they understood and paperwork was completed.

Well on Monday the EE returned, with her restrictions, and today I received a grievance from the union regarding her being placed on COBRA. Their contention is that as long as she is eligible for STD payment, this guarantees that we are required to continue paying our portion of the health insurance premiums.

I have tried showing both the health plan SPD as well as the portion of the contact to the union committee and they contend that the LOA that is discussed in both only applies AFTER all STD benefits are exhausted!!! So in essence they are NOW saying that we are required to maintain benefits for an EE for up to 9 months!!!

I don't know how much clearer things could be!!! I'm getting so tired of this - now I have to spend time and money to fight an issue that could not be outlined any clearer!! I plan to address the timeliness of this but don't see where that will get me!!

Thanks for letting me vent!

mdm · September 2004

I have to say that I'm not looking forward to these types of situations. Our contract negotiations with the union start today. The union was voted in in July. My company is using an HR Consultant who specializes in unions. This means I do not need to be involved in the negotiations.

You would think that your situation is very clear, but the union will do what they can to make the company spend more money and take up lots and lots of your time. I wish you luck.

njjel · September 2004

Life in a union environment is NEVER pleasing for anyone in management and sometimes not even for the union members themselves! We are unionized here and it is a CONSTANT battle. More time is spent on union matters some days than on actual work and that is certainly a shame. Your option of course is to deny the grievance (since you are certain your policy is clear) and let it continue to its run. I doubt they would push it to arbitration, but be prepared for that.

TN HR · September 2004

(SNIP) My company is using
>an HR Consultant who specializes in unions.
>This means I do not need to be involved in the
>negotiations.
>

I would strongly encourage you to participate as much as possible and establish yourself now as the company's HR leader. Don't take a back seat to the consultant as he/she will probaly not be around when it's your turn to deal with the union directly (and believe me, you will).

Gene

mdm · September 2004

Actually I am involved. I don't sit in on the negotiations, but I do help review the contract and make suggestions and discuss items with the Executive Director and a few of the other managers. I didn't mean to make my comment sound as though I would not be involved in some way. They are currently searching for an HR Director who will be handling all of the HR info. I will be relieved of most of my HR duties once this person is hired. I will be going back to doing the accounting portion of my job. I was hired as the Accounting Manager and ended up with the HR position when the HR person left. I have been doing accounting and hr for about the last 3 years at my company. I am currently looking for a new position and will hopefully not be here much longer as this place has been turned upside down over the last 6 months.

rad · September 2004

I am always amazed that the union thinks the contract is maleable when it benefits them but is etched in stone when the employer misinterprets something.

It is never easy.

ritaanz · September 2004

The one thing I learned in dealing with unions was that they will ALWAYS grieve an issue. They have nothing to lose and everything to gain. It does not matter than the facts are clear and the company is in the right.

One of their fundamental commandments is "Pull thy company's chain." And they do it so well.

njjel · September 2004

i personally think it's a good thing HR isn't involved in the negotiations. At least not sitting at the table. This way there is no resentment to the HR person for things the union did or did not get in the new contract. HOWEVER HR should be invovled step by step behind the scenes. Just my thoughts.

Whatever · September 2004

I am personally involved in the negotiations (which are currently going on, sort of.. we had our first meeting on Monday, the next meeting is scheduled for 10/28 because the union negotiator is a busy person. The contract expires 10/1 but the union has agreed to an extension). The biggest issue is the cost of health care (same as last time). I have never had any ee express anger directed at me for what was ultimately settled on. There have, however, been some strong words against the union and the negotiating committee.

njjel · September 2004

I have had the unpleasant experience of sitting on negotiating teams twice in the past and both times I was personally held accountable for the end result of the contract by the unions. I'd rather NEVER sit at the table again. I guess it just depends on who is involved.

Hunter1 · September 2004

I've been negotiating labor agreements for 30 years now, and it's the best part of my job! Currently I'm chief spokesperson for the City for six labor agreements, handle grievances through to arbitration, and thoroughly enjoy the whole process. I am responsible for the end result and enjoy the responsibility. Many years ago I found out that HR work wasn't the 'social work' that I thought it would be when I prepared for it in school, but now I wouldn't have it any other way.
Linda: What you can do is to be true to your word in every instance and over time the union and individual employees will learn that you can be trusted and that you know what you're doing. They will never like you and it will never be easy, but they will respect you and you can take pride in your work. Lastly, BE INVOLVED IN LABOR NEGOTIATIONS. You're going to administer the agreement during its term. Be responsible for its terms.

WT · September 2004

People and unions tend to repeat patterns of successful behavior. In this case, they saved the job and got the big piece right away and then went for smaller pieces later. Part of this is your fault as everything should be made clear and be signed by all parties in case of agreements in grey areas. It is your responsibility to predict those things. Try to come up with the most destructive use of any language or agreement and then take defensive measures. Aside from this, there are consequences for not keeping your word. Next time the union is looking for a deal (and there will be a next time), terminate or take the drastic action that they want to avoid. Remind them of this issue and tell them clearly that you cannot deal with people who operate in bad faith.

I'm SOOO tired of the union!!!

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