Union Busting or not?

[annie1]

What is the name of your state?Michigan
I'm Employed By a Hospital that belongs to a Large Health System. at the location I work we are unionized but there are only 4 in my department however there are 30 in the union in other departments.
recently the health system decided to outsource my department without negotiating with the union first. we filed a greivence asking them to honor our contract. they responded no they will not. so we are going to arbitration.
1) shouldn't the union have filed a complaint with the NLRB already?
2) Should I file agianst the union ?
3) the company they are outsourceing my department to offered us non union jobs with less, more costly, and inferior benifits, 6 months security (we have 1 1/2 years left on the contract), and a slight pay raise (negating our structured step increases) should i take it or will it hurt arbitration?
4) if we fail at arbitration is there any legal recourse?
5 is this or is it not union busting?

 

[TCB4U2B2B]

Breach Of Contract

Outsourcing is nothing new. Happens far too often and has been happening for many years. How a company and or organization goes about the process varys.

In a union shop, outsourcing any union job duty(s) and or function(s), entire department(s) or any part of such, that is/are presently covered under a collective bargaining agreement, without a prior formal and written agreement between the company/organization and the union, is a breach of contract.

The union needs to file with the national union. National provides information, support and feedback advice to the local. Between national and local they work together with NLRB to resolve the issue, if possible.

Conditions and circumstanaces vary by areas wtc with whom works with whom between agencies. Not all breaches of union contracts are resolved easily, nor locally or with the NLRB. So many variations apply.

The local has most likely filed on behalf of it's members. Inquire. Can you file aganst the union? Not likely. Especially if the local has already filed with the national. And I would suspect union has.

If the union has done all the required tasks, taken all the legal steps required, etc, on behalf of it's members and required by the national, only time and member support of the union will be needed.

One has to consider that the company has already determined it's gains over losses, taken the actions they have taken at the time. Breaches of union contracts may prove to be slightly costly to a company in the near furture, but do prevail as cost savings, over the long term.

Plenty of other factors come into play. All very much like a game of chess, etc. Strategy and weighing of options always come into play.

 

[John/nyc]

As to question #1 the NLRB may ask if you had followed the procedures outlined in your contract. There would be no sense in taking a case that could be solved by seeking remedies available to you prior to going to the NLRB.

As to question #2 the union, presumedly, is filing the grievence and seeking arbitration. So far it is doing its job.

As to whether to accept the company offer: I would consult with my union.

#4: arbitration, by its nature, is final and binding. However there are always exceptions. This is first a question for your union lawyers then a question for your own lawyer (if it comes to that).

#5: I'm sure it is but the corporation will surely have proffered other reasons for the change.