Can a company be brought to arbitration for termination of employees within the 30 day phase in without a signed CBA?

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Can a company be brought to arbitration for termination of employees within the 30 day phase in without a signed CBA?

Union threatening arbitration since members are being terminated within the 30 day phase/evaluation period of current CBA,which was not signed by the incoming contractor. Employees were let go as early as 3 days into the phase in, despite training. Union is claiming unjustly discharge. No CBA has been signed by either parties. However, a memorandum of understanding was signed between the incoming contractor and union during initial solicitation. That contract was rescinded by the government. An alternate solicitation was issued 3 months later and no MOU was signed, Union states the MOU is still valid.

Asked on June 14, 2012 under Employment Labor Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no actual collective bargaining agreement (CBA) in place between the union and the company employer, then any arbitration provision in the expired CBA would have no force and effect.

The memorandum of understanding (MOU) is not as a matter of law a binding agreement unless the document in and of itself states such.

In order to answer your question, you need to carefully read the CBA and the MOU in that such documents control the obligations owed by the employer to the union and vice versa.


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