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lgldrgdlr

Covered by union CBA, no company benefits

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In the area that I work, a certain set of employees are automatically covered by a collective bargaining agreement, whether they pay dues to the union or not. The employer has rolled out a benefits package that includes 8 weeks of paid parental leave. There is a stipulation that says if you're covered under a CBA, you're not eligible for the benefit. The employees are given no choice of being covered under the CBA or not. Additionally , upon being hired, there isn't any information given in regards to this, or the ability to opt out.

 

How is this legal?

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16 hours ago, lgldrgdlr said:

How is this legal?

 

In the U.S., everything is legal unless there is a law that affirmatively says it's not legal.  Therefore, the answer to any question like this is that it's legal because no law affirmatively says otherwise.

 

If your intent was to ask whether what you described is actually legal, we're in no position to answer that since we obviously haven't read the CBA, and you didn't identify your state.  Are you a member of the union?  If so, then you should be raising this issue with your union rep.

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There is nothing in the law that says all employees have to be treated the same or given the same benefits; the law only says that differences in treatment cannot be based on a characteristic protected by law. Union membership is not, for the purpose of this discussion, a characteristic protected by law. 

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