I work in a union position. In my contract it states that I am allowed to use my upcoming vacation time before my anniversary date if I have worked at least 32 weeks since my last anniversary. My company says I cannot. I showed them in my contract and they still denied me. I contacted my union rep and he says they can deny me because they never abide by this stipulation. Is this correct? Can they ignore what is in my contract just because no one has challenged them on it before?
Generally not, the contract is the contract unless modified by mutual and binding modification.
Your problem is the union does not appear to be willing to back you on this and indeed may fight you and a private attorney will cost much more than your vacation pay.
Be cautious about the enemy's you chose to make.
It you would like to make a run for the union presidency, hire an attorney.
Under federal labor law: If there is a contractual provision that has not been enforced for a while, the union has not waived the right to enforce it in the future. All the union needs to o is give notice to the employer that it will now enforce that contract provision. So either the union rep doesn't know this or the union is not interested in enforcing that contract term. Alternatively, the employer and union may have negotiated a change to the contract language.
The contract can only be enforced by the employer or the union. Individuals do not have the power to bring a grievance. Most unions try to do the right thing and obtain justice. Sometimes “justice” does not help an individual employee. One reason is that unions have their primary obligation to the entire group of job classifications the union represents; that group is called the “bargaining unit.” Unions have the right to decide whether to pursue a case or not.
Most local unions have limited money and staff resources so they must pick and choose which cases to pursue. Unions have to balance the need for more money (to hire more union reps or to take more cases to arbitration, for example) with the bargaining unit’s resistance to higher dues. This is similar to elected officials who must always balance constituents’ wishes with the need to raise taxes.
Some union reps are highly effective; others are incompetent, just as some attorneys and politicians are incompetent. Many local labor unions are run by volunteers. Many union representatives are full-time employees of the employer so do much of their union work on their own time, especially evenings and weekends. Only some unions have enough money to reimburse their reps for missed work hours, such as when handling a grievance. Only some unions have the strength to negotiate “lost time” with the employer, where the employer has to pay the rep’s wages when the rep is handling grievances; this time is usually limited to a low number of hours.
Nearly all elected and appointed union officers start out as rank-and-file workers. They may be elected due to work competence, seniority, intelligence, charm, good looks, having a big mouth, blustering, oratory skills, etc. – just like politicians. There is a range of skills and a range of experience among them. Most unions provide some training for officers and stewards, but others don’t have the resources to do so. The quantity and quality of training can vary widely.
One thing to consider is that even with faults, unions are the only thing standing between any worker and the employer’s ability to do whatever it wants. Without unions, there is no organized opposition to corporate efforts to take away workers’ rights. It is no coincidence that as union membership has declined, so have on-the-job benefits such as health insurance and pensions.
All your life, you’ve heard “there is strength in numbers.” You hear it because it is true. The best way to make a union stronger and better-able to help all workers is to participate in its work. Read the collective bargaining agreement (contract). Attend union meetings, ask questions and think about what is happening at the workplace. Help your union help you.
