can a company policy still be in affect even though it is not in the union contract

UPDATED: Oct 1, 2022

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can a company policy still be in affect even though it is not in the union contract

I have been fired due to insurbordination, but in my union contract it shows nothing of no profanity

Asked on September 29, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A union contract should be regarded as a strictly interpreted limitation on the baseline or normal state of employment, which is "employment at will." When there is no contract, an employee may be fired at any time, for any reason whatsover. A contract, including a union contract, may limit the employer's power, but it only limits it in the ways set forth in the contract, to the extent set forth in the contract. So if the contract actively prevents firing for this reason or in this way, you cannot be fired; but if the contract does not bar it, you could be terminated. You need to read the contract's terms very closely to see what your rights and protections are.
Note that if you could be terminated for "insubordination," the use of profanity to a supervisor or manager, or in response to what they said to you, would generally be interpreted as insubordination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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