Legal Question in Employment Law in Florida
When does an unaddressed article in a union contract become law?
If a Sheriff's office is allowed to unionize and form articles to govern the contract, When does an article become written law?, when not addressed.
ex. An article concerning promotions is listed in a contract since 1996 and is still listed to this date. At the bottom of the article it says something about being finalized by 12/97. Each year the union contract get re-written and the article is posted each time the same way, but never addressed and so called "ratified" What information can you provide to me on Florida Labor Law governing this topic.
I am also interested in learning of case law concerning promotion matters.
Situation: Members available on a eligibility list to be promoted but the agency decides to give the promotional testing over to have different selections. Biased and unfair practice involved.
1 Answer from Attorneys
Re: When does an unaddressed article in a union contract become law?
In union matters what governs the employee/employer relationship is the agreed to collective bargaining agreement or CBA. It will set forth everthing that the union and the employer have agreed to and will have been signed by union reps and managment. If this article on promotions you have referred to is in the CBA then it provides protections you can count on. As to biased and unfair practices, lawsuits have been brought against management AND unions when either have discriminated. Discrimination laws protect employees at all times during the employment relationship. While it is, of course, illegal to hire and fire based on race, religion, national origin, age, sex or disability, it is just as illegal to discrimination in the terms and conditions of employment such as working conditions, training and promotions. Send me an e-mail ([email protected]) if you need more information.
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