Legal Question in Employment Law in California
arbitration/union questions
I'll try and keep this brief-
In 1998 we negotiated a new CBA and a clause was included that states 'if another division gets a raise we'll get the same amount'. When we were getting ready for a new CBA we learned that another area was given a raise but the company never paid us that raise. The case went before an arbitrator in 8/05 and she ruled in favor of employees that money is owed. It's scheduled to go back to the arbitrator 10/30/06 since the company has not paid.
Question-If we decertify our current Union (the one that handled the arbitration) and vote in a new Union what happens to the arbitration (hearing date/award)?
Does the old Union have to follow through with the case or does the new Union take over? Can the company refuse to honor the origional arbitration decision and request a new hearing?
We have been waiting for this money (substantial amount for senior employees) so we want to make sure we make the right decision before changing Unions.
BTW I work for a large ambulance service
1 Answer from Attorneys
Re: arbitration/union questions
There are many issues that can impact on this situation. Without all the facts, I will give you a general response. If the decision was rendered by the arbitrator under the CBA, it is enforceable either by additional proceedingd before the arbitrator or in court - the change in Unions does not change that. However, whether the new Union will prosecute that claim and collect the money or the old Union will do so is not clear. Generally, the old Union should do so, hoewver, they may not be inclined to do so if they are decertified. I suggest working closely with the new Union to have them agree to make sure you get your money, either by taking it oer or by negotiating an agreement withthe old union
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