I was wondering in a right to work state if the union refuse to allow an employee to come back to the shop floor?

I live in Kentucky which just recently went right to work last year and I was wondering in a right to work state if the union refuse to allow an employee to come back to the shop floor? I have a co worker who the company wants to move into a salary position for 5 months because of a increase in business. After the business has leveled off they want to return the worker back to the production floor but the union said that the employee could not return to the production floor.

5 Answers

Relevance
  • 5 months ago

    They can't refuse, that is the whole point of right to work laws. The union can not in any way make this demand and have anyone be obligated to agree to it.

    • A Hunch
      Lv 7
      5 months agoReport

      Right to work laws are solely related to union positions. If the job is covered by a cba, there is the option to join the union, instead of it being compulsory. Choosing not to join the union, they are still entitled to all the benefits of union representation that their coworkers get.

  • 5 months ago

    BY DEFINITION, in a right to work state, the union CAN'T prohibit ANYONE from working in ANY position, regardless of union membership.

    • A Hunch
      Lv 7
      5 months agoReport

      Learn what the definition of "right to work" means. Your definition is not remotely close!

  • martin
    Lv 7
    5 months ago

    Workers no longer can be forced to join a union. If your co-worker wants the job, he could drop out of the union.

  • 5 months ago

    Union would likely hold the same position if it wasn't a right to work State. I have no idea what the CBA says and if your friend is part of the Union or not. If your friend is part of the Union I doubt that the Right to Work part even comes up. This sounds like a weird scenario though. Moving to a SALARY position sound like moved to a MANAGEMENT position. That most likely means he would no longer be part of the Union. There might actually be something in the CBA about employees that are moved to a management position. Without knowing what the Union contract says we really can't tell you anything.

    • STEVEN F
      Lv 7
      5 months agoReport

      The DEFINITION of 'right to work' is that the CBA CAN'T have any say in what the question asks.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 5 months ago

    In a Right to Work state, you have all the benefits of being in a union with having to pay to be a member of the union. Although, the union won't likely support you filing a grievance unless the situation impacts members paying union dues also.

    The union doesn't get to dictate which employees are members of the workforce or not or what position they hold, if they are. This is regardless of it being a right to work state or not.

    - The exception to this could be some kind of seniority clause in the CBA, but that would be an unusual clause.

    • A Hunch
      Lv 7
      5 months agoReport

      Steve, yes CBAs include seniority clauses. But the biolerplate seniority clause does not limit the ability for a mgmt position to be re-assigned to line worker. Tha bank you have worked at for 20 years doesn't have cbas & you have never read one. But the poster has & should understand.

Still have questions? Get answers by asking now.