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PHR · Question #121

Is it possible for employment policies (as laid out in the employee handbook) to take precedence over union contracts?

The correct answer is A. If there is a conflict between the union contract and the employer's policies, the contract will always. When a union contract and an employer policy conflict, the union contract takes precedence - it cannot be overridden by the employer's handbook or internal policies.

Employee and Labor Relations

Question

Is it possible for employment policies (as laid out in the employee handbook) to take precedence over union contracts?

Options

  • AIf there is a conflict between the union contract and the employer's policies, the contract will always
  • BIf a conflict arises, then the policy will always prevail.
  • CWhenever there are different provisions in a union contract and employer policy, the differences
  • DIt is up to the manager of the unit involved to determine which will be applied in a given situation.

How the community answered

(28 responses)
  • A
    75% (21)
  • B
    4% (1)
  • C
    7% (2)
  • D
    14% (4)

Why each option

When a union contract and an employer policy conflict, the union contract takes precedence - it cannot be overridden by the employer's handbook or internal policies.

AIf there is a conflict between the union contract and the employer's policies, the contract will alwaysCorrect

Collective bargaining agreements are legally binding contracts negotiated under the National Labor Relations Act, and they supersede employer-created policies. When a conflict exists between a union contract provision and an employer handbook policy, the contract governs - this is a foundational principle of labor law. Employers cannot unilaterally alter negotiated terms through internal policy documents.

BIf a conflict arises, then the policy will always prevail.

The employer's policy does not automatically prevail in a conflict - the legally negotiated union contract holds higher authority than internal policy.

CWhenever there are different provisions in a union contract and employer policy, the differences

Differences between a contract and policy are not simply applied side by side - the contract terms control wherever a conflict exists.

DIt is up to the manager of the unit involved to determine which will be applied in a given situation.

It is not a manager's discretion to choose between union contract terms and employer policy - the contract is legally binding and must be followed.

Concept tested: Union contract supremacy over employer policies

Source: https://www.nlrb.gov/rights-we-protect/rights/employer-rights

Topics

#union contracts#employment policies#collective bargaining#labor relations

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