Q & A Session – Management and Bargaining Units


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I was placed in the Bargaining Unit because of my job classification. However, my position is one of direct management responsibility and I have access to extensive employee data and am regularly involved in helping with recruitment. I have input on a variety of management policy matters. Based on my duties, I feel I should not be in the bargaining unit, and no one else in my office is but me.

My supervisor has admitted that my position was misclassified and that I should not be covered, but I am told that the amount of effort to correct this is too great and that we’re just going to leave things as is.

Is there any legal ramification I could face if the union became aware of this situation? Could I be at fault or legally responsible in any way?


You should not share sensitive information with the union or anyone not having a need to know. Otherwise, it is up to your management and labor relations office to straighten out your bargaining unit status.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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