I have a card carying union business onwer who owns 100%. He has 3 non-union employees. He has approx 40 union employees. Union employees are cover by union retirement plan which owner contributes to. Currently the owner also pays into the union plan for his own retirment plan coverage and also health care coverage. The owner wants to keep the health care coverage but stop his union retirement plan contributions and use the company sponsored 401(k).
I've heard and read yes he can do it. I've heard and read no he cannot.
Yes he can
Owners/management are not employees and thus not covered by CBA
He is a "bargaining unit alumni" which allows him keep union benefits but not be covered by CBA
His wages are not collectively bargained (pays himself what he wants/can) and thus not covered by CBA
No he can't
Document says Union = Any Employee who is included in a unit of Employees covered by a CBA, if retirement benefits were the subject of good faith bargaining. "Employee" definition does include Self Employed. "Self Employed" is any indvidiual who has Earned Income from the business.
He has a union card so he is union until he turns in his card.
Any respnse is appreciated.