Full question:
I am a City of Long Beach, CA employee. We have been directed to take 'furlough' days. We have a 'No Lockout' clause in our MOU. Are furlough days a lockout ?? Please quote the section of Law stating this .
- Category: Employment
- Date:
- State: California
Answer:
In this economic climate, many employers are looking to employees to help offset budget deficits and avoid unnecessary layoffs. One way they are using is to accomplish this is through voluntary furlough days. When there is a union involved at the company, management will engage it in discussion for concessions, including furlough days, in the hope of preserving jobs.
The union will examine its contract with the employer to determine if indeed it believes the requested furlough days constitute a lockout. Traditionally, a lockout means the withholding of work from employees and closing down of a workplace by an employer during a labor dispute.
Furlough days generally are defined as the granting of temporary leave of absence from a job; a temporary layoff.
The terms of the union contract will apply here and would be arbitrated or litigated for interpretation. This is not the type of situation where the California statutes would control the outcome.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
