Dhs Union Issues

DHS is a data collections company with a small staff of six fulltime data processors and four upper management personnel. It started out as a non union shop, but in 2001it became part of Teamsters Local 601. When DHS entered into its first contract all of the basic employee needs were negotiated. The term of the contract was for three years. It defined the different job classifications, the wage increase for the term of the contract, health and welfare, vacation time, sick time, retirement plan, and employee handbook. What it did not cover were production standards, goals and expectations. As an employer you would think that you have the right to expect certain standards from your employees. It is logical that an employer defines what qualifications an employee needs, to achieve the minimum qualification necessary so that an employee can obtain those standards. Standards are also important so that an employee can be measured and disciplined when they are not meeting what the employer expects from them.

Human nature makes most people resistant to change. The employees at DHS were never measured against any standards or expected to meet goals. They did not have feedback on job performance and were not disciplined for having substandard work. This all changed in 2002. With the addition of a director of quality and compliance there were now standards, expectations and goals to meet. There were production goals for everyone and disciplinary action if they were not met. This brought about many complaints from the employees and eventually grievances to the union. Employees complained to the union that productions standards were not fair, that they never had them before. They were upset that now they were being measured against performance expectations. There was a formal complaint on behalf of the union which stated that standards were not negotiated in good faith and that DHS must cease the enforcement of such standards. Did the union have a valid grievance?

The primary objective of a union is to secure a contract, which spells out the wages, benefits, and working conditions for employees. The employer signs the contract, the employees ratify the contract, and then the union is available to help any employee who wants help to smooth over problems with management. The employee must follow the grievance procedure outlined in the union contract and the union officials provide the support and guidance needed to reach a resolution.

What a contract consists of:

Since many people have little experience with contracts. It might be helpful to outline what usually goes into them. Legally, it should be said that every contract is the product of negotiation, so that it is possible that every contract could look completely. A few generalizations are that most contracts are about 25-30 pages long, and, are not so difficult to understand. They usually last between 3 and 5 years. Contracts are to be taken as the minimum compensation for employees: if an employer wanted to suddenly introduce a stock option plan that is not in the contract, the employer is free to do so--but not as a substitute for anything in the contract. Generally, Union Contracts contain these provisions:

Union Shop - This provision states that all employees must belong to the union as a condition of employment.

PAC contributions - this is NOT compulsory, but employees who wish can give money to a union political action committee.

No discrimination policy - employers cannot discriminate against employees because of union membership, age, creed, color, sexual preference, religion, etc.

Seniority - the seniority system is clearly defined.

Grievance procedure - This system provides a way for all conflicts between management and employees to be peacefully resolved. If that fails, an outside arbitrator will resolve the issue, whose word is binding.

Hours & Overtime defined - usually 40 hours at 8 hours a day. If more than 8 hours in one day or 40 hours in one week are worked, overtime must be paid.

Work breaks defined - usually two 15 minute breaks per 8 hours worked.

Union Stewards - union stewards are simply employees who are elected to represent the union and make sure the contract is not violated, help employees that have problems with management, etc.

No strike/no lockout - during the duration of the contract, the union may not strike and management may not lock employees out of the workplace.

Appeal from discharge - in the event that an employee is fired, he or she can appeal to the union for help within 30 days.

Management rights - a provision that states that anything not covered explicitly in the contract remains the sole domain of management.

What follows varies from contract to contract. Not everything is a priority, thus only what is important to the company will be in the contract.

Wages - Union contracts will usually define what the base rate of pay is. If a union simply cannot secure a direct raise, there are other options available in getting better compensation for employees. Such asÐ'...

Raises - Contracts will lay out the raise system for the life of the contract.

Shift differential - unpopular/inconvenient shifts can be awarded a slightly higher wage - either a flat rate (so much per hour) or a percentage of the employee's normal wage per hour. (Often 10%)

Sunday premium pay - compensates employees at a greater rate for working Sunday (usually a flat rate).

Birthday as a holiday - Happy Birthday! Take the day off!

Health care - union health plans are among the best in the nation. Most unions will work to insure that the employee has no monthly contribution.

Pension fund - the contract states that the employer