|
FREQUENTLY ASKED QUESTIONS (FAQs)
FDSA offers the following questions and answers to assist our
members. This is a living document, one that will
continue to develop as time goes on.
Do you have a question that needs to be answered? Click
here to contact the association.
These questions and answers are not intended to offer solutions
or advice with respect to individual problems but rather are
intended to provide information of a general nature regarding the
association’s role as a multi-employer bargaining
representative. We recommended that you contact the association or
seek the advice of a labor attorney with respect to specific
situations as they arise.
(1) What is multi-employer bargaining?
(2) If I want the FDSA to represent me in future
collective bargaining with Local 727, what should I do?
(3) Does the collective bargaining agreement with Local 727
cover all of the FDSA's employer-members?
(4) Does the collective bargaining agreement with Local 727
only cover the FDSA's employer-members?
(5) If resign from FDSA, does the collective bargaining
agreement with Local 727 still affect me?
(6) If I do not want FDSA to represent me in future
multi-employer bargaining with Local 727, what should I do?
(7) If I have given timely notice to FDSA and Local 727 that
I no longer want FDSA to represent me in multi-employer
bargaining, does that mean I would no longer be subject to the
Local 727 collective bargaining agreement?
(8) What if I give timely notice to either FDSA or Local 727
that I no longer want FDSA to represent me in multi-employer
bargaining, but I do not give timely notice to both?
(9) What if I give FDSA and Local 727 timely notice that I
no longer want to be represented by the association in
multi-employer bargaining, I then begin bargaining directly with
Local 727, the negotiations do not go well, and I decide that I
would rather have the association represent me in the bargaining
after all?
(10) If a new member joins FDSA after the expiration of the
agreement and while the association and Local 727 are still
negotiating a new collective bargaining agreement, can it
authorize the association to bargain on its behalf?
(11) If a new member joins FDSA after the expiration of the
agreement, and after a new collective bargaining agreement has
been negotiated, can it opt to negotiate on its own?
(12) If an employer-member having one employee or no
employees doing work covered by a collective bargaining agreement
with Local 727 gives the association and Local 727 timely notice
that it no longer wants the association to bargain on its behalf,
will it have to bargain with Local 727 on an individual basis?
(13) Can the Local 727 Pension and Health and Welfare funds
conduct an audit if I opt to negotiate on an individual basis?
(14) Am I likely to negotiate a better collective bargaining
agreement if I negotiate on an individual basis?
(15) If I give timely notice to FDSA
and Local 727 that I no longer want to be represented by the
association in multi-employer bargaining, can I still remain a
member of the association?
*************************************************************************
(1) What Is Multi-employer
Bargaining?
Multi-employer bargaining is group bargaining as opposed to
individual bargaining. It is a consensual arrangement.
The multi-employer bargaining representative, the individual
employers, and the union must agree to the arrangement.
top of page
(2) If I want the FDSA to
represent me in future collective bargaining with Local 727, what
should I do?
You do not have to do anything. FDSA will represent you
in future multi-employer bargaining with local 727.
top of page
(3) Does the collective
bargaining agreement with Local 727 cover all of the FDSA's
employer-members?
Unless an employer-member gives timely notice to both the FDSA
and Local 727 that the member no longer wants the FDSA to
represent it in multi-employer bargaining, the employer-member
will be bound by the collective bargaining agreement negotiated by
FDSA and Local 727.
top of page
(4) Does the collective
bargaining agreement with Local 727 only cover the FDSA's
employer-members?
Yes, but Local 727 could negotiate the same collective
bargaining agreement with an employer who is not an FDSA member.
top of page
(5) If I resign from FDSA, does
the collective bargaining agreement with Local 727 still affect
me?
If you resign from FDSA and you were bound by a collective
bargaining agreement with Local 727, and you continue to do work
that is covered by the agreement, you will still be bound.
top of page
(6) If I do not want FDSA to
represent me in future multi-employer bargaining with Local 727,
what should I do?
In order to withdraw from multi-employer bargaining, an
individual employer must give written notice of its intention to
withdraw to both its multi-employer bargaining representative and
the union. That notice has to be given prior to the contractually
established date for modification of the collective bargaining
agreement and prior to the actual start of multi-employer
bargaining.
The contractually established date for modification of the
collective bargaining agreement is at least 60 days prior to the
expiration date of the agreement. Thus, if you have
employees who do work that is covered under the collective
bargaining agreement, you must provide both FDSA and Local 727
with written notice of your intention to not be bound by
multi-employer bargaining 60 days prior to expiration of the
agreement and before negotiations for a new collective bargaining
agreement actually begin.
top of page
(7) If I have given timely
notice to FDSA and Local 727 that I no longer want FDSA to
represent me in multi-employer bargaining, does that mean I would
no longer be subject to the Local 727 collective bargaining
agreement?
A union is presumed to still represent a majority of the
employees of an employer that withdraws from multi-employer
bargaining. Typically, that means the employer must bargain
with the union on an individual basis. However, if you are
in that situation there may be special circumstances affecting you
and you should seek the advice of a labor attorney.
top of page
(8) What if I give timely notice
to either FDSA or Local 727 that I no longer want FDSA to
represent me in multi-employer bargaining, but I do not give
timely notice to both?
Timely notice must be given to both FDSA and Local 727.
If such notice is not given to both, you will be bound by the
results of the multi-employer bargaining.
top of page
(9) What if I give FDSA and
Local 727 timely notice that I no longer want to be represented by
the association in multi-employer bargaining, I then begin
bargaining directly with Local 727, the negotiations do not go
well, and I decide that I would rather have the association
represent me in the bargaining after all?
You may well be obligated to bargain with Local 727 on an
individual basis. Since multi-employer bargaining is
consensual, both Local 727 and FDSA would have to agree to let you
back into the multi-employer bargaining arrangement. If
negotiations between a union and an individual employer are not
going particularly well for the employer, as a practical matter
the union is not likely to let the employer back into a
multi-employer bargaining arrangement.
top of page
(10) If a new member joins FDSA
after the expiration of the agreement and while the association
and Local 727 are still negotiating a new collective bargaining
agreement, can it authorize the association to bargain on its
behalf?
If a majority of the new member's employees have consented to
be represented by Local 727, the new member can authorize the
association to bargain on its behalf or it can choose to bargain
on an individual basis.
top of page
(11) If a new member joins FDSA
after the expiration of the agreement, and after a new collective
bargaining agreement has been negotiated, can it opt to negotiate
on its own?
If a majority of the new member's employees have consented to
be represented by Local 727, the new member can choose to adopt
the new collective bargaining agreement or it can choose to
bargain on an individual basis.
top of page
(12) If an employer-member
having one employee or no employees doing work covered by a
collective bargaining agreement with Local 727 gives the
association and Local 727 timely notice that it no longer wants
the association to bargain on its behalf, will it have to bargain
with Local 727 on an individual basis?
If an employer-member has one employee or no employees doing
work covered by a collective bargaining agreement with Local 727,
there may be special circumstances affecting that employer-member
and it should seek the advice of a labor attorney.
top of page
(13) Can the Local 727 Pension
and Health and Welfare funds conduct an audit if I opt to
negotiate on an individual basis?
If you are bound by a collective bargaining agreement with
Local 727, you may be subject to an audit regarding whether or not
you are making proper contributions to the pension and health and
welfare funds. The right of the funds to conduct an audit has
nothing to do with whether you bargain on a group or individual
basis.
top of page
(14) Am I likely to negotiate a
better collective bargaining agreement if I negotiate on an
individual basis?
It is hard to say, but it is not likely. One of the
advantages of multi-employer bargaining is that it allows small
employers to offset the bargaining strength of powerful unions.
top of page
(15) If I give timely notice to
FDSA and Local 727 that I no longer want to be represented by the
association in multi-employer bargaining, can I still remain a
member of the association?
Yes. You can still remain a member of FDSA and enjoy all
the other benefits of membership.
top of page
|
