What happens or what could happen when a union contract expires and you continue to work with no contract?

Answer 1

The workers could continue to work by the old contract if both employer and union agree; that is typical.

The union could go on strike or the company could issue a lockout- remember the NHL locking out it's players? Those are the extremes.

Also, if a new agreement cannot be reached, the company may declare an impasse and impose new terms of employment. That's pretty extreme, too, but it beats getting locked out or laid off.

You are still covered by the Fair Labor Standards Act (FLSA), so you cannot be abused by the employer by refusing pay for work done or changing overtime rules. The laws don't change, just the terms of employment.

Answer 2

The union could call for a strike vote. But if contract negotiations are ongoing, that's unlikely, at least as long as the negotiations appear worthwhile.

The company MAY NOT unilaterally change any terms or conditions of employment simply because the contract has expired. They have to bargain in good faith about any changes they wish to make. Usually the parties agree to extend the old contract, until a new contract is reached, but not always. If you have no contract, you probably do not have arbitration rights.

Now, although the company may not reduce your pay simply because a contract expired, if a pay raise is part of the new contract, they are not obligated to make it retroactive to the expiration of the old agreement. In other words, any negotiated pay raise could be on a going forward basis only. If the company has agreed that any economic improvemements will be retroactive, then that's not going to be a problem. Companies will often agree to that, but not on a completely open-ended basis. They often say the raises will be retroactive, provided a new contract is ratified within X days.

Thousands of Americans work under expired contracts, until the successor agreement is negotiated.

Hope that helps. You might want to call the NLRB regional or resident office that serves your area.

Answer 3

You continue to work without a contract, ONLY if it is sanctioned by your Union & it's members. The only reason that would happen is when the union & the company are still negotiating in good faith, & the likelihood that a deal will be reached is very high. If work continues after the expiry of the old contract, it is under the terms of the old agreement, & nothing is retroactive unless stipulated in the new agreement.
If your Union says no work after the expiry date or the contract, then you are in a "Strike", & if you are a Union member, & show up & work for the company during that strike, then you may face fines or expulsion from the Union.

Answer 4

I've been in this situation myself. Sometimes the company will shutdown the workplace. Most of the time though, things just keep on going same old, same old. The old contract just gets extended indefinitely. If you must work without a contract, just be sure to keep on your toes and not violate any company policies since this could get ugly without a working contract to protect you.

Answer 5

Check your Union Handbook.You can threaten a walkout any time if they don't negotiate a new contract.

Answer 6

If they extended the contract for another year should'nt health insurance that you payed the year before stay the same??

Answer 7

I think you knew the answer before you ask it.
Your JOB can be gone at any time for any reason.
You would get unenployment.

Answer 8

Wow what a fine read your hand book