Can a union request that management force an employee to get a CDL license?
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Can a union request that management force an employee to get a CDL license?
I work for the federal government. Management requested through CPAC that 4 individual acquire CDL license as there job description required them to tow trailer in excess of 15,000 lbs. This part of their position description would require a CDL by federal and state DOT law. The affected employees and myself have the same job series 0817; we have different position descriptions. The affected employees and the union have request an II with management over the requirement in objection to it. The affected employees then complained to the union rep, that myself and another employee be made obtain the license also. The union then made an official request to management,that they also require myself to obtain the license. Can the union request through management for me to also obtain a CDL because other employees felt it was unfair?
Asked on February 17, 2018 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The employer (I.e. management) can determine what credentials, licenses, etc. are required for a job, so they can require that a given position or employee have, for example a CDL. They can do so in response to union to coworker pressure or complaints (or for essentially any reason). If you have a written contract, including a union agreement, which defines what is needed for your job and a CDL is not required, or which otherwise guarantees you the job without a CDL, they can't do this--they can't violate the contract. But without contractual protsection, they may.
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