We’ve all heard the dreaded question: “Did you get that in writing?” And we’ve all felt that pit in our stomachs when we have to say “Well, no, but we shook on it.”
You hear it over and over in the workplace: make sure you get an agreement in writing when you’re operating outside of your written job duties, changing your breaktimes, etc. But the strongest protection you can have in a unionized workplace is to get that agreement in your contract.
The thing is, even if you have email chains proving you had an agreement with your supervisor, your management can still back out of that agreement at any time. While your union will do what we can to help you, if that agreement is not spelled out in your contract, we do not have a clear process to resolve the issue.
If your employer violates your Collective Bargaining Agreement (CBA), we have a lot of recourse. We can file a grievance through our field representatives or stewards. If a right is clearly spelled out in your CBA, a grievance will often prompt a resolution in your favor. Knowing your contract is the first step. Take time to read the grievance provisions in your contract before any issues arise so you know your rights to resolve issues when they happen. Most contract violations need to be reported quickly, so knowing your rights in advance will help you protect yourself and win.
If you only have a verbal or written agreement that is not part of your union negotiated rights and outside of your CBA, sometimes your only course of action is to file with Bureau of Labor and Industries (BOLI) or take individual civil action against your employer.
We’ve seen this most recently with members who are volunteer firefighters in their area – an admirable position and one districts should respect. Under Oregon law, volunteer firefighters can request leave from their regular employers to serve in fire protection. If the leave is granted, Oregon law protects the firefighter’s job, requiring an employer to hold that position, or a similar position, open for them and to ensure they’ll keep any accrued benefits. However, if the employer violates state law by giving away the job or denying the benefits, and the firefighter’s CBA does not contain provisions protecting the employee in this scenario, this becomes a civil issue rather than a union protected right and OSEA has few avenues to help resolve the issue.
Never underestimate the power of having rights in your contract. It’s the difference between relying on a good relationship with your supervisor and being secure in the knowledge that you have rights regardless of that relationship. Our CBAs set unionized workplaces apart from non-unionized workplaces. They hold far more power than handshake deals or email agreements.
If you have a verbal or email agreement over something that matters to you, reach out to your leadership before bargaining time. Those are the sorts of things they want to know as they head into negotiations. They can help get contractual union protections in your contract if you ask.