Consequences of Union Representatives Missing Meetings

Stalling Tactics

Do union representatives -- who repeatedly decline or fail to attend meetings to represent an employee -- waive the union's representation rights? What regulations apply in such an ongoing situation? By Keisha-Ann G. Gray

Question: Union-stalling tactics are a major issue at the organization in which I work. When a manager comes to HR with a workplace issue that needs to be resolved with the union, the union representative invariably declines the meeting, saying the dates are conflicts. Are there any regulations that determine how many offers of dates and times the agency / manager must give the union to set up a meeting? I was told many years ago, that you must give the union three dates and times to meet, and that was all that was required -- is that correct? Also, if the union representative fails to attend the meetings as scheduled, has the union waived their right to represent the employee? Answer: There are no bright-line regulations that determine how many offers of dates and times the union must be given in order to set up a meeting. Further, no hard-and-fast rule has evolved with regard to the number, frequency and duration of meetings between the parties. If the union fails to attend the meetings that have been scheduled, there is little chance that the union will be found to have waived their right to represent employees absent a "clear and unmistakable" waiver by the union of these rights. In 2007, the NLRB rejected the contrary position of two federal appeals courts and stuck to its long-standing rule that a unionized employer may only unilaterally implement new work rules, differing wage rates, changed hours or similar workplace changes if there has been a "clear and unmistakable waiver" by the union of the union's right to bargain. Provena Hosps., 350 N.L.R.B. 808 (2007). So, a waiver of a union's right to representation and bargain will not be inferred and can not be implied. A waiver must be explicit, and it doesn't sound like...