Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

When a company’s management makes changes, it is required to give the union notice.  When questioned of the change, the company needs to show documentation.  For example, a company must send the union notice if someone is taken outside of the bargaining unit.  For instance, subcontracting union work takes away heads in the bargaining union.

Another example, a clerical person who gets reclassified to a nonrepresented position is taken out of the bargaining unit.  For example, promoting someone from administrative assistant to administrative analyst would be moving someone to an exempt position.  The exempt position is not represented by the union.  The union wants notice because it does not want its bargaining eroded.  There is no recruitment in such a promotion.  The position is changed with a new job description, pay.  This is different from a person promoted to an administrative analyst position, with the administrative assistant position becoming a vacant position to be recruited for.