Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Brown Cafe UPS Forum
UPS Discussions
Is a person's scheduled day off counted towards the 3 day occurence policy?
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Mugarolla" data-source="post: 4245760" data-attributes="member: 8481"><p>Correct.</p><p></p><p>The law recognizes that the company and the Union agreed to certain conditions, so the law does not apply in these situations.</p><p></p><p>The law only applies to companies that do not have an agreement with its workforce.</p><p></p><p>Yes, the CBA could have lesser protections, but this does not mean that the CBA trumps law.</p><p></p><p>The law allows it to happen.</p><p></p><p></p><p></p><p>Your state law has a stipulation that it does not apply if there is a CBA between a Union and a Company. So the CBA does not trump State law. State law does not apply in this situation. State law sees that there is a mutually agreed to decision between the Company and the Union, so the State does not need to step in.</p><p></p><p>It only steps in when there is no agreement in writing between a Company and its workforce.</p><p></p><p>And, if the conditions in the CBA are lesser than State law....Shame on the union for agreeing to it.</p><p></p><p>If there is no stipulation in a State law allowing for it, then a CBA can never trump State, or Federal, law.</p><p></p><p>This is kind of like the UPSNMA. It allows Supplements, Riders and Addendums to take precedent if the conditions are superior, EXCEPT in cases where the Master states that it shall supercede any Supplement, rider or Addendum.</p><p></p><p>Kind of like your State law. It applies, EXCEPT where it doesn't apply, CBA's.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 4245760, member: 8481"] Correct. The law recognizes that the company and the Union agreed to certain conditions, so the law does not apply in these situations. The law only applies to companies that do not have an agreement with its workforce. Yes, the CBA could have lesser protections, but this does not mean that the CBA trumps law. The law allows it to happen. Your state law has a stipulation that it does not apply if there is a CBA between a Union and a Company. So the CBA does not trump State law. State law does not apply in this situation. State law sees that there is a mutually agreed to decision between the Company and the Union, so the State does not need to step in. It only steps in when there is no agreement in writing between a Company and its workforce. And, if the conditions in the CBA are lesser than State law....Shame on the union for agreeing to it. If there is no stipulation in a State law allowing for it, then a CBA can never trump State, or Federal, law. This is kind of like the UPSNMA. It allows Supplements, Riders and Addendums to take precedent if the conditions are superior, EXCEPT in cases where the Master states that it shall supercede any Supplement, rider or Addendum. Kind of like your State law. It applies, EXCEPT where it doesn't apply, CBA's. [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Brown Cafe UPS Forum
UPS Discussions
Is a person's scheduled day off counted towards the 3 day occurence policy?
Top