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What is Direct Dealing (Labor) and Why It Matters in Employment Law
Definition & Meaning
Direct dealing occurs when an employer engages in discussions or makes decisions regarding workplace matters directly with an employee who is represented by a union, without the union's knowledge or involvement. This typically involves subjects that are mandatory for collective bargaining, such as wages, working conditions, and benefits. The absence of the union in these discussions can undermine the collective bargaining process and violate labor laws.
Table of content
Legal Use & context
Direct dealing is primarily relevant in labor law, particularly in the context of unionized workplaces. It is important in collective bargaining situations where unions represent employees. Employers must be cautious to avoid direct dealings that could be interpreted as bypassing the union, which can lead to legal disputes or grievances. Users may find it helpful to use legal templates from US Legal Forms to navigate these situations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employer discusses a pay raise directly with an employee who is part of a union, without informing the union representatives. This action could be deemed a violation of labor laws.
Example 2: A company decides to change work schedules by consulting only with individual employees, neglecting to involve the union. This could lead to grievances filed by the union on behalf of the affected employees.
State-by-state differences
Examples of state differences (not exhaustive):
State
Direct Dealing Regulations
California
Strict regulations against direct dealing to protect union rights.
New York
Similar protections as California, with additional penalties for violations.
Texas
Less stringent regulations; however, direct dealing can still lead to grievances.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Collective Bargaining
The process where employers and unions negotiate terms of employment.
Direct Negotiation
Similar to direct dealing, but may involve unrepresented employees.
Union Bypass
Actions taken by employers to negotiate directly with employees, undermining the union.
Common misunderstandings
What to do if this term applies to you
If you believe direct dealing has occurred, consider the following steps:
Document any conversations or agreements made between the employer and employee.
Contact your union representative to discuss the situation.
Explore legal templates on US Legal Forms to understand your rights and options.
If necessary, seek professional legal advice to address potential violations.
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