If there is language in an article that is along the lines of “until the expiration of the agreement”, does that mean that whatever is contained in that article is no longer legally binding once a contract expires? I feel like that should be obvious, but my union rep seems to think that’s not the case. I do know that terms and conditions of a CBA are to continue under an expired contract (besides strikes/lockouts) but if that language lives in the document, then is that how an employer can get around maintaining whatever benefit it’s tied to?
I feel like I read a labornotes article that spoke to this but I CANNOT find it. If anyone can help I would be grateful!
To add on, the status quo period, at least for our union, doesn’t mean you can’t still file grievances (formal process for remedying contract violation). It just means you can’t take those cases to arbitration (third party judge decides on case). Its usually good to use unresolved grievances and any unfair labor practices (like the aforementioned unilateral changes in working conditions) to add leverage to negotiations and use settling them as part of the final agreement with the employer.
I think we have a ULP already (we’re in the middle of negotiating a first contract), if not multiple, but my union rep never mentions them to us. He did a while ago mention that we should keep them in our back pockets but has yet to mention using it as a strategy again. We’re just cracking economics, so I hope we can use that but we have pretty much just been walked all over so far.
The agency lawyer told our rep to stop reading one of our proposals mid-sentence because she said they would read it in caucus and he just acquiesced lol