Mar 16, 2020

Employment At Will?

Sherri Drakos: I agree with cybersharque to some extent. The current framework of collective bargaining does away with at will employment. I could envision a situation, however, where the two coexisted. You could have collective bargaining as to wages and benefits but the union having little say in the grievance procedure. In fact, it seems that employers covered by CB agreements are pushing for this.

Rebeca Mckin: Unions typically negotiate terms of employment for their members that include job security, this contract supersedes employment-at-will. However, theoretically if a Union did not negotiate such terms, then employment-at-will could still apply. However, this idea would not only go against collective bargaining precedent, it would also make Unions almost meaningless, because job security is what gives most unions the leverage to negotiate other terms like wages and benefits....Show more

Shaun Rapkowicz: Apples and oranges. Unions enter into collect! ive bargaining agreements with employers. Such agreements almost always overrule the employment at will doctrine, and specify what must be done to terminate a union employee. Typically, this requires a "grievance" process.

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