Do furlough days equal a lockout by an employer of union employees?
Full Question:
Answer:
In this economic climate, many employers are looking to employees to help offset budget deficits and avoid unnecessary layoffs. One way they are using is to accomplish this is through voluntary furlough days. When there is a union involved at the company, management will engage it in discussion for concessions, including furlough days, in the hope of preserving jobs.
The union will examine its contract with the employer to determine if indeed it believes the requested furlough days constitute a lockout. Traditionally, a lockout means the withholding of work from employees and closing down of a workplace by an employer during a labor dispute.
Furlough days generally are defined as the granting of temporary leave of absence from a job; a temporary layoff.
The terms of the union contract will apply here and would be arbitrated or litigated for interpretation. This is not the type of situation where the California statutes would control the outcome.