Dismissal of union representative Clause Samples

Dismissal of union representative. A. If a company finds that there are compelling reasons for terminating a union representative, cf. clause B, the company must contact Dansk Erhverv Ar- bejdsgiver, which must then notify HK, which may request an organisation meeting . In this case, an organisation meeting must be held no later than 7 calendar days after the notification. If the company maintains the notice of termination after the organisation meeting, the notice of termination is considered to have been issued when the notification was received. B. A union representative's dismissal must be justified by compelling reasons. It goes without saying that the mere fact of an employee acting as a union representative may never give rise to the individual being dismissed or their position being undermined. C. The employment of the union representative cannot be suspended within the notice period or before HK has had the opportunity to question the legitimacy of the dismissal via industrial dispute procedures, unless this has been agreed locally. Efforts should be made to expedite the processing of the case as much as possible so that the decision is available before the end of the notice period. D. However, these rules do not apply if management legitimately dismisses the union representative pursuant to Section 4 of the Danish Salaried Employ- ees Act. E. If the company stands by its dismissal of the union representative after the dismissal is acknowledged to be illegitimate by the industrial dispute proce- dures, the company is obliged, in addition to the wages for the notice period, to pay compensation in an amount which shall depend on the circumstances of the case. This compensation is final, meaning that no additional compen- sation can be claimed under the rules on unfair dismissal. F. The question of the justification of a union representative's dismissal and the amount of the union representative's possible compensation shall be finally settled by industrial arbitration. G. If there are special circumstances in the case that clearly indicate that anti-union behaviour has taken place, this issue can be brought before the Labour Court. H. If HK claims that the dismissal of a union representative is unreasonable, a claim for compensation or reinstatement may be made in accordance with Section 4(3) of the General Agreement. This question, together with the question of whether there are compelling reasons for the dismissal, can be dealt with in one and the same case by industrial arbitratio...
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Related to Dismissal of union representative

  • Union Representative Upon mutual agreement of the parties, the number may be altered from time to time. Where a Union Representative commences on an extended leave of absence, the Union will endeavour to find a temporary replacement for the Union Representative from within the Home.

  • Notice of Union Representative Visits The Union shall inform the Company when any representative of the Union intends to visit the worksite for the purpose of conducting Union business. Such visits will not disrupt employees working without the supervisor/manager’s permission.

  • List of Union Representatives The Union agrees to provide and maintain an up-to-date list of all Union Representatives (including Union Stewards, Union Executive, Grievance Committee, Labour/Management Committee and Negotiating Committee) to the Director of Human Resources or designate.

  • Union Representatives Upon mutual agreement of the parties, the number may be altered from time to time. Where a Union Representative commences on an extended leave of absence, the Union will endeavour to find a temporary replacement for the Union Representative from within the Home.

  • Union Representative Visits The Union shall inform the Employer in advance whenever the designated representatives of the Union intend to visit the Employer’s premises for the purpose of conducting Union business. Such visits shall not interfere with the normal operations of the worksite. Reasonable accommodation will be made to allow the Presidents of the Unions to have access to union members to conduct union business.