What union rights do I have as a "casual" employee?

I am a "casual" employee for the New York Times Newspaper. I am a driver and work in their union shop. I have been working at least 40 hrs a week for them for over 8 years. At this time I am not afforded the same rights or benefits as a union member is. I have no assurances of my job status and would like to know if I have any rights or recourse against the company or the union.

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
The union should protect you -- ask for help.

Frankly, I'm surprised that the union is allowing "casual" employees to stay around as long as you apparently have.

I, of course, don't have all the details. So, I cannot give you a definite answer to your question, but my estimation would be that you have no rights or recourse against either your employer or the union at this time.

However, I would suggest that you ask to speak to a union official. Tell them about your situation. It sounds as if you are doing exactly the same type of work as a union employee without getting the union benefits. Call the union's attention to the fact that casual employees undermine the ability of the union to bargain for its members. You should also tell them that you want to become a union member. (I hope that is the case.)

Now, if you get into bad enough trouble with your employer because you contacted the union, I would ask the union for help. Even if they won't help because you are not a member, I would go the the National Labor Relations Board to file a complaint, against the employer. By going to the union, you are engaging in collective action. By engaging in collective action, you become entitled to some of the protections afforded union members under the National Labor Relations Act, even though you are not a union member.

I hope this helps.

Sincerely,


David M. Lira

posted by David M. Lira  |  Feb 19, 2001 3:58 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA

more Virginia Employment Lawyers