Legal Question in Employment Law in Washington
Union business rep.
Is is legal for a union business agent to begin cold calling the membership to tell them that they will not be dispatched to an employer because the employer is 30 days behind in payroll? We have contracts with dozens of employers and this one employer currently doesn't need any labor, but the agent is calling members telling them that the employer is behind so not to expect any work. If it's not illegal it seems to be skirting the edges of ethical issues.
1 Answer from Attorneys
Re: Union business rep.
As I understand it, the employer in question is not behind in payroll, but simply does not have work available right now, right? And the business agent is misrepresenting the reason why no one is being placed there?
No, that's not legal. It might also be a breach of the contract, depending on how the contract reads. This business agent is definitely not serving the best interests of the union, and if you are part of the union management (you write, "we have contracts") you might want to look into this.
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