Legal Question in Employment Law in California
on strike please help!!!!
I�m a Union member currently honoring another Unions picket line. There are several Unions involved in this labor dispute. Most of the Unions involved have contracts, but we have yet to go back to work because our employer and the Unions are at a stalemate that involves a back to work agreement. Both the company and the Unions have several lawsuits pending and both sides are using the employees as pawns to get the other side to drop the suites.
Our employer has encouraged many employees to come back to work Non-Union and cross the picket lines. Our employer has stated that as Non-Union �Core Members� we would pay a portion of our regular Union dues and would work under our existing contract.
Our employer has denied us unemployment benefits because he claims we are refusing work. Our Union has threatened to fine us if we cross the picket line as Union members, but has allowed people to go back to work as Non-Union (Core Members).
My question is this: If we the employees decide to show up to work and punch in as Union members what ramifications might there be against us from both our employer and the Unions?
We have nothing to loose and at the least might qualify for unemployment if our employer refuses to work us.
1 Answer from Attorneys
Re: on strike please help!!!!
The employer can not condition your return to work on your union membership status. To do so would be an unfair labor practice. Exceptions may exist if you are locked out. Your risk is that the union will bring charges against you which may result in fines and penalties. Step carefully, the union charges could impact on you in the workplace.
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