HPAE Llanfair members: working without a contract

Management has failed to sign a CBA extension. This means that as of 12/8/20 you will be working without a contract. We do expect that management will sign off on an extension agreement but, in the meantime, there are advantages and disadvantages to working without a contract.

Advantages

We have the right to engage in concerted activity with notice.

Bargaining over day-to-day issues: The employer cannot implement any unilateral changes whatsoever. In the event the employer does implement unilateral changes the union has the right to file ULP (Unfair Labor Practice) charges with the NLRB (National Labor Relations Board).

Member Concerns

Members often fear that, if the contract is allowed to expire, the employer will no longer be bound on such vital matters as seniority, contracting out, pensions, health insurance, union release time, bumping, and past practice.

For the most part, such fears are unwarranted. Labor law is clear that an employer must maintain the status quo, including both written agreements and consistent past practices.

If the employer cancels a valuable benefit or practice, the union can file a ULP charge at the NLRB or state labor board. These agencies can order the employer to return to the status quo and make employees whole. This is from a labor notes article by Robert Schwartz.

Downsides

There are downsides to letting a contract expire:

• Dues deduction: The employer may cease taking dues from your check if so please inform us immediately.
• Arbitration: Any incidents that take place after 12/8/20 until a new extension is signed will not be able to be arbitrated unless both parties agree.

If you have questions or concerns please feel free to reach out to your local VP, Melvin Deguzman or Sheila Schicker, your HPAE representative at: sschicker@hpae.org.

In solidarity,

Local 5107 Negotiations Committee