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unclear language

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Post  CATMANDO8426 Fri May 22, 2009 1:22 am

THIS MANUAL IS NOT INTENDED TO BE OR TO CREATE A CONTRACT OF EMPLOYMENT. THE EMPLOYMENT RELATIONSHIP OF EACH EMPLOYEE IS "AT-WILL." THAT MEANS THAT IT IS FOR NO DEFINITE PERIOD AND IS TERMINABLE AT ANY TIME AT THE WILL OF THE EMPLOYEE OR WALKER WITH OR WITHOUT NOTICE, CAUSE OR COMPENSATION.

THIS MANUAL SUPERSEDES AND CANCELS ANY AND ALL PRIOR POLICIES OF WALKER, ORAL OR WRITTEN. AND ANY POLICIES, PROCEDURES, MANUAL EDITIONS AND/ OR RULES PREVIOUSLY IN EFFECT.

While Walker offers and intends to apply the guidelines, procedures, rules and benefits described herein, they are not an offer of employment, and are not intended to guarantee me employment or job security. I understand that subject to contrary terms in a valid collective bargaining agreement, my employment is "at will." That means that my employment and compensation are for no definite period, and that as an employee at-will, my employment may be terminated at any time with or without notice, cause or compensation.

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Employee signature

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Date

This is page nine of our new employee handbook, what does the sentence in bold print mean I cant get any response communications from our Union Hall. It seems to say that unless the CBA dictates otherwise I can be fired without cause otherwise cause must be given.
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Post  JoeC (McGruff) Fri May 22, 2009 1:27 am

Thats in the employee hand book you are under a union contract correct? The company hand book applies to you in all facets of employment except what is out lined in your contract. Therefore you are not an at-will employee. The employees with out a contract are at-will. If you read it closely that is what is says it is not unclear.

I understand that subject to contrary terms in a valid collective bargaining agreement, my employment is "at will.
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Post  CATMANDO8426 Fri May 22, 2009 1:58 am

It seems to say that unless the CBA dictates otherwise I can be fired without cause otherwise cause must be given.

I thought that was what it was saying, feel a bit dense asking.
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Post  JoeC (McGruff) Fri May 22, 2009 2:07 am

Your exactly right " that unless the CBA dictates otherwise" you have a CBA that dictates other wise so you are not at-will since you have a CBA that dictates you are not at-will. Does that make sence?
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Post  CATMANDO8426 Tue May 26, 2009 11:12 pm

Yes, and I conveyed this once I got it confirmed from this forum and our Union leaders (not that we trust those silver tongues). But being the defiant bunch of shit starters they are, they have mostly refused to sign and have returned the documents marked "refused to sign". This is also because it states that the undersigned has been given the opportunity to review and ask questions about the content of the manual. Thus far we have not been given that opportunity "well we can discuss that at next months meeting" is what we hear. So that's that as usual what was most likely a total non-issue has been blown out of proportion and the planet is falling into the sun. lol thanks for the response.
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Post  JoeC (McGruff) Thu May 28, 2009 11:12 pm

Look let me see if I can get the H.R guru's on this, some of them have written handbooks and they have written a lot of policy's. To me it seems like a non-issue I would just sign the thing.
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Post  rdm4416 Fri May 29, 2009 12:13 am

The answer to your question is found in the remarks that you placed in bold print. Sign it.
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Post  Eric Thu Jun 04, 2009 1:48 am

Unless the company threatens you with an adverse employment action for not signing the handbook, dont sign it.

As a matter of fact, never sign anything, ever.

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Post  JoeC (McGruff) Thu Jun 04, 2009 2:27 am

Eric wrote:Unless the company threatens you with an adverse employment action for not signing the handbook, dont sign it.

As a matter of fact, never sign anything, ever.

Eric
Wow! Even by your standards thats radical.
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