Can a company force a union to accept terms of an unsigned contract, call it a contract and then pretend the union acceptd the terms by continuing to work for the company?
And what if the company forbids striking? Does the company have an unfair (or illegal) advantage?
2006-09-01 01:38:13 · 4 answers · asked by vector4tfc 4 in Politics & Government ➔ Government
Yes, there was a previous contract in place. And the union insists it is still in place since the new contract was not voted on or validated. (USA)
2006-09-01 01:50:24 · update #1
An unsigned contract (by both parties) is not a contract yet.
2006-09-01 01:41:14 · answer #1 · answered by Rocket Surgeon 2 · 0⤊ 0⤋
I find your question unclear and I am not a lawyer. But I am sure it depends on the laws wherever you are living.... I am not even sure what country you are talking about. Labour laws are different everywhere.
I cannot think that an unsigned contract can be binding unless there is some kind of written or legal default in the case of an unresolved labour dispute.
Surely the union has lawyers who should know about this. If not, either the union isn't doing its job or there could be collusion.
I would send whatever documentation I had to the media. But you might get in trouble with your union.
2006-09-01 08:44:17 · answer #2 · answered by grapeshenry 4 · 0⤊ 0⤋
Contracts are of two types. Written contracts and implied contracts. If the terms and conditions of the contract are signed, then the parties cannot back out from those signed terms and conditions. But sometime it happens that the terms and conditions are not signed by the parties, but the contract is awarded to the contractor. The contractor performs the contract. During the currency of the contract, some problem arises in interpretation of the contract. Since it is "implied contract" the contractor is bound by the immediate previous terms and conditions of the contract executed between the Union and any other contractor. Generally implied contracts lead to litigation and arbitrations.
2006-09-01 09:07:15 · answer #3 · answered by Seagull 6 · 0⤊ 0⤋
Contracts have to be signed after being voted on by the union body of course. Unsigned contracts are null and void. However you're still obligated to work under the existing contract that preceeds this one.
2006-09-01 08:42:21 · answer #4 · answered by Quasimodo 7 · 0⤊ 0⤋