Are any of your companies union and non-union?

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101010

Senior Member
Just wanted to see if any union companies also had nonunion employees? Is this allowed by the union? Can they inforce it? I am talking about on nonunion jobs.
 

iwire

Moderator
Staff member
Location
Massachusetts
We don't usually allow union / non-union questions but this can run as long as people stick with just the OPs question. Please don't add opinions to it.
 

don_resqcapt19

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Location
Illinois
Occupation
retired electrician
The typical agreement with the union would forbid you to have non-union workers doing the work covered by the agreement. It would also forbid you to use a non-union subcontractor to do work covered by the agreement. It can be enforced in court as the agreement the company signed is a binding contract. The enforcement is often that the company has to pay its union workers "back-pay" for the manhours of work done by the non-union workers.
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
Just wanted to see if any union companies also had nonunion employees? Is this allowed by the union? Can they inforce it? I am talking about on nonunion jobs.

There are some contractors around here that are union and have non-union subsidiaries.

There are usually at least some employees in every union employer that are not union (like clerical and managers).

I suspect this situation is covered in the union's contract with the employer, which would be enforceable.
 

101010

Senior Member
Even if the job was nonunion? also union workers would always be union and nonunion employees would always be nonunion. Would the union have a claim on the nonunion projects?
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
Even if the job was nonunion? also union workers would always be union and nonunion employees would always be nonunion. Would the union have a claim on the nonunion projects?

I am not sure what you are getting at here. The contract the company signs with the union will cover this. Conceivably, the union might go along with something different than the norm, but it seems unlikely.

Most times it is an all or nothing kind of thing.

There is not typically such a thing as "non-union" or "union" projects, although in practice it often seems that way. The contractor is union or not, but the project isn't.
 
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kenaslan

Senior Member
Location
Billings MT
The typical agreement with the union would forbid you to have non-union workers doing the work covered by the agreement. It would also forbid you to use a non-union subcontractor to do work covered by the agreement. It can be enforced in court as the agreement the company signed is a binding contract. The enforcement is often that the company has to pay its union workers "back-pay" for the manhours of work done by the non-union workers.

I agree completely. However there is a clause at the end of the contract that states if any government makes anything illegal, that part of the contract will become null and void. In other words, lets say a state made a law that forbid a union employer from ONLY hiring union employees, that contractor could be sued by a nonunion electrician for labor violation if they were not hired.
 

John120/240

Senior Member
Location
Olathe, Kansas
Kansas is a Right to Work state. You might have a contractor who has union and nonunion

employees. The nonunion employees would recieve the same wage, etc. they just don't

pay dues or particpate in union activies. Sometimes they might both get along (union & nonunion)

other times the tension would be so thick that you could cut it with a knife.
 

101010

Senior Member
Thanks for the posts. I guess I was looking into the liability of the contractor to the union. I know there are spilt shops all over just wanted to pick your brains...
 

Fulthrotl

~Autocorrect is My Worst Enema.~
Thanks for the posts. I guess I was looking into the liability of the contractor to the union. I know there are spilt shops all over just wanted to pick your brains...

the liability is that a signatory contractor has agreed to make the union the sole source of it's labor
for job descriptions covered under the working agreement that is signed by both parties.

the only reason they go outside that, is if the union cannot provide qualified personnel. sometimes
that happens, with a technical job description....

now, many signatory contractors have non signatory divisions, working under a separate corporate charter
and different contracting license. they may occupy the same physical location, and use common tools and
equipment, and where it gets sticky, is when said contractor tries to do the install with labor sourced from
outside the union referral process.

a state with "right to work" doesn't mean a corporation has the right to abrogate their signed agreement.
they entered into a contract, contract law applies unless it violates a federal or state statute.

anyone can hire anybody they want... they just can't use them to install work covered by the working
agreement that they signed, unless they hired them in compliance with that working agreement.

on the other side of that coin, there are individuals who have successfully challenged a unions dispatch
procedure, and forced a union to dispatch them to jobsites, under standard dispatch rules that are a
part of that union's charter, without becoming members of that union.

and if you thought your original question could get ugly, you haven't seen *anything* till you see that happen.

at least, i heard that from somebody who knew somebody who saw that.:p
 
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