Slowtwitch Forums: Lavender Room: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday

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Slowtwitch Forums: Lavender Room:
UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday

JSA

Aug 10, 08 10:08

Post #1 of 6 (119 views)

UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday	Can't Post

There was a post a couple weeks ago regarding a Tyson plant in Tenn that negotiated with the union regarding the swapping of Labor Day as a paid holiday for a Muslim holiday. The plant has "a couple hundred" Muslim employees. The union made the proposal to swap Labor Day for the Muslim holiday. I previously posted that I had no issue with this. The union has a duty to represent all the employees and if a majority of the employees agreed to this swap, why should the employer care.

Well, evidently, several local politicians and many others in the community, as well as a number of the employees, had a real problem with this. Therefore, Tyson made a request to the union to reinstate Labor Day as a paid holiday (this is in addition to keeping the Muslim holiday) because Tyson was getting a lot of pressure.

This is crap. Why the hell was TYSON getting crap??? Tyson did not propose this change, the union did. Talk about misplaced anger. Very odd.

http://news.yahoo.com/...i_ge/tyson_labor_day

_______________________________________________

"My better is better than your better." - LT, via Nike

The people who keep me moving:

TRANSITION - Get Moving!

vitus979

Aug 10, 08 12:32

Post #2 of 6 (104 views)

Re: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday [JSA] [In reply to]	Can't Post

The plant has "a couple hundred" Muslim employees.
as well as a number of the employees, had a real problem with this.

I wonder how many employees had a problem with it. Let's assume it's a significant number, just for the sake of argument.

It points up what I think an ongoing problem is with unions- sure, the union proposed the change, but apparently the union doesn't represent the employees it's supposed to. Let's say your one of a couple of thousand Tyson employees who wants Labor Day off with the rest of America. Your union- which you probably have no choice but to join- just traded that away for some Muslim holiday. Tyson agrees, because it doesn't cost Tyson anything.

Who do you complain to? What do you do? File a complaint with your union rep? Or pressure Tyson to get your holiday back?

I think, in other words, that your assumption that the union properly represents a majority of employees might be badly flawed.

"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."

JSA

Aug 10, 08 14:25

Post #3 of 6 (87 views)

Re: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday [vitus979] [In reply to]	Can't Post

It points up what I think an ongoing problem is with unions

You are preaching to the choir, my friend. Honestly, I cannot imagine why any employee would want a union. But, I do not want to get off on that tangent.

I think, in other words, that your assumption that the union properly represents a majority of employees might be badly flawed.

Wait, wait, wait, I do not think I ever used the word "properly." I said the union has a duty to represent the employees. The original artice (not the follow-up article I posted) said that the union made the proposal for the swap during bargaining, after a majority of the employees supported the proposal. In one of my responses, I believe I said I was very surprised that a majority of the employees were in favor of this swap.

According to the union, there are "a couple hundred" Muslim employees out of 1,200 total employees. My guess is, the were a vocal minority.

Regarding your question of to whom do you complain when the union does something you do not like, you go to the NLRB or you file a failure to respresent suit against the union.

_______________________________________________

"My better is better than your better." - LT, via Nike

The people who keep me moving:

TRANSITION - Get Moving!

vitus979

Aug 10, 08 14:32

Post #4 of 6 (85 views)

Re: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday [JSA] [In reply to]	Can't Post

JSA

Aug 10, 08 14:42

Post #5 of 6 (81 views)

Re: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday [vitus979] [In reply to]	Can't Post

Wait, wait, wait, I do not think I ever used the word "properly." I said the union has a duty to represent the employees.

I know that's what you said, and I don't disagree with you in theory. In practice, I don't think it always works that way, and I'm sceptical of arguments based on the idea that the union is actually representative of the workers- even if it's "supposed" to be.

- I completely agree with you.

Regarding your question of to whom do you complain when the union does something you do not like, you go to the NLRB or you file a failure to respresent suit against the union.

In which case you're now involved in a lengthy, bureaucratic, and probably expensive process that you likely won't win. Or you put the pressure on the employer, and get your Labor Day holiday back within a week or so. I realize you're a labor lawyer, but really, which course of action looks more attractive?

- It depends. It puts the union and the employer in a difficult spot. If the employees go the employer, the employer usually cannot engage in any type of discussion with them. The employer cannot bargaining directly with the employees when a union is present. Likewise, the employer cannot make a unilateral change, even if the employees want it and it is to the benefit of the employees, without getting permission from the union. It is a really crappy position.

- If the employees file a complaint w/ the NLRB, it does not cost them anything. The NLRB takes the lead and "prosecutes" for the employees. It is a somewhat long process, but, it is great fun to watch (if you represent employers). If the employer is really lucky, the majority of the employees get tired of the of the union and file a deauthorization petition (which prevents the union from requiring membership in the union as a condition of employment) or a decertification petition (which requires an election to vote the union out).

_______________________________________________

"My better is better than your better." - LT, via Nike

The people who keep me moving:

TRANSITION - Get Moving!

vitus979

Aug 10, 08 14:56

Post #6 of 6 (78 views)

Re: UPDATE: Tyson Plant Reinstates Labor Day and Muslim Holiday [JSA] [In reply to]	Can't Post

It puts the union and the employer in a difficult spot.

Not as difficult as that of the employee whose union is negotiating without his interests in mind, I'd say. I take your point about the employer's position here, though.

If the employees file a complaint w/ the NLRB, it does not cost them anything.

No, in that case I was thinking of a lawsuit filed by the employees, not a complaint filed with the NLRB. Either way, the process is going to be long and tedious and probably unsuccessful. Or, I can do things the short and successful way.

If the employer is really lucky, the majority of the employees get tired of the of the union

Could be. As an employee, though, I don't know that I'd consider that my problem at this stage of the game.

"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."