Not Much Workers Can Do to Circumvent Union Rules

Q. I recently started working for a company that required me to join a union. In the past, I have enjoyed working over and above what the job requires. Now, because of the union, I feel like my output has been restricted. I get scorn from other workers when I do more than my job entails.

I’m very unhappy with this situation, but I don’t want to leave because I am well paid and have great benefits. Is there a way for me to put more into my job but not violate the union’s policy?

--A.R., Fullerton

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A. One byproduct of having a union is that all employees must be treated the same. Raises are usually given in the same amount to everybody at intervals specified in the union contract, and promotions are often awarded on the basis of seniority rather than merit. Thus, not only is it difficult to get ahead by working harder than your co-workers, but your greater output will probably make your less productive colleagues look bad.

Also, union contracts often contain strict rules concerning just who is to perform what work. These rules typically prohibit an employee in one job classification from working in another. While these rules are designed to protect union members’ jobs, they limit an employer’s ability to operate more efficiently by combining jobs or cross-utilizing employees.

Short of getting yourself promoted into a management job, there is really not much that you can do to get ahead in your job. Although federal law provides a procedure for employees to reject union representation, a majority of employees must vote against union representation. So unless a great number of your co-workers feel the same way you do, this is probably not a viable option.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Retaliation for Medical Leave Illegal

Q. I have had difficulty recovering from surgery I had six months ago, which kept me out of work (on medical leave) for five weeks. My doctors have recommended follow-up surgery to help correct the problems.

My supervisor threatened my job if I go out on medical leave again. I reported him to my company’s Human Resources Department, which said it would talk to him.

I understand that the company cannot fire me if I have this surgery and abide by the company’s policy of providing 30-day notice for medical leave, but what else can they do? Am I due any damages for my boss’ conduct?

--N.N., Orange County

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A. It is illegal for your employer to fire or otherwise retaliate against you for taking appropriate medical leave. These laws generally provide a leave period of 12 weeks. Protection while on this leave applies whether the injury or illness was caused as a result of work or for other reasons.

If your leave is caused by a workplace injury, there are other laws as well that give you protection from retaliation.

Simply because your boss threatened to fire you doesn’t give you any claim for damages. Your damages have not yet occurred. It certainly is an indication of his attitude, however.

Accordingly, you should document his statement to you in a letter to him directly or to the Human Resources Department. Don’t simply rely on an oral complaint to the department. Make sure you understand the company’s policy on medical leave and comply with all of its specific requirements. Ask the Human Resources Department for the rules and the federal or state leave laws as well.

Keep past employment reviews at home. Maintain a diary so that you can document any change in the manner in which you are treated by your boss.

It’s a good possibility that your boss simply did not know the law involved or your company rules on such leaves. If he’s informed that he simply can’t retaliate against you for a leave protected by law, then hopefully there will be little problem in the future.

--Don D. Sessions

Employee rights attorney

Universal City

Determining Payroll Violations

Q. We have a new computer system, instead of a time card, for clocking in. If you forget to clock in one day, the company withholds your paycheck for the whole week. Is this legal?

--T.M., Huntington Beach

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A. It depends on the system that your employer has set up to pay wages. Usually, wages are payable twice in each calendar month at regular paydays designated in advance by the employer.

If employees are paid in accordance with a weekly, biweekly or semimonthly payroll period, the payment must occur within seven calendar days after the close of the payroll period.

Sometimes, however, an employee is paid weekly on a regular payday designated by the employer. If this is the case, labor performed by an employee during a calendar week must be paid no later than the regular payday in the next calendar week.

If one of the above situations applies to you and has been violated, notify your employer of the appropriate requirements. If the employer does not correct the violation, you may wish to contact the California Division of Labor Standards Enforcement.

--Elizabeth Winfree-Lydon

Senior staff consultant

Employers Group