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submitted 4 months ago by ratboy@hexbear.net to c/askchapo@hexbear.net

If there is language in an article that is along the lines of "until the expiration of the agreement", does that mean that whatever is contained in that article is no longer legally binding once a contract expires? I feel like that should be obvious, but my union rep seems to think that's not the case. I do know that terms and conditions of a CBA are to continue under an expired contract (besides strikes/lockouts) but if that language lives in the document, then is that how an employer can get around maintaining whatever benefit it's tied to?

I feel like I read a labornotes article that spoke to this but I CANNOT find it. If anyone can help I would be grateful!

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[-] Barx@hexbear.net 7 points 4 months ago

When contracts expire you enter the status quo period you mentioned where both parties are expected to negotiate in good faith and maintain the majority of agreements. This usually does not apply to striking, of course, and you almost always need to strike to get a good contract.

To answer your question I think we'd have to be able to read your whole contract to be certain. Sometimes contracts contradict themselves, or at least seem to according to the lawyers both parties have to hire, so even if there's a line that says, "this applies until the contract expires" it may be contradicted by (1) the (enforced) law around status quo, (2) state law, or (3) other articles in the agreement.

Employers are not supposed to make any changes to working conditions during status quo, if that is helpful information. They are expected to bargain any changes and the union can usually file various legal complaints against the employer when they do inevitably change working conditions unilaterally. Though it should also be mentioned that the direct legal consequences are usually incredibly minor, so unions mostly use them as propaganda to make sure their members are pissed off and ready to strike.

[-] curmudgeonthefrog@hexbear.net 4 points 4 months ago

To add on, the status quo period, at least for our union, doesn't mean you can't still file grievances (formal process for remedying contract violation). It just means you can't take those cases to arbitration (third party judge decides on case). Its usually good to use unresolved grievances and any unfair labor practices (like the aforementioned unilateral changes in working conditions) to add leverage to negotiations and use settling them as part of the final agreement with the employer.

[-] ratboy@hexbear.net 3 points 4 months ago

I think we have a ULP already (we're in the middle of negotiating a first contract), if not multiple, but my union rep never mentions them to us. He did a while ago mention that we should keep them in our back pockets but has yet to mention using it as a strategy again. We're just cracking economics, so I hope we can use that but we have pretty much just been walked all over so far.

The agency lawyer told our rep to stop reading one of our proposals mid-sentence because she said they would read it in caucus and he just acquiesced lol

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this post was submitted on 04 Jun 2024
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