Can a Union Worker Be Fired for Not Showing Up to Work?

The ability of a union worker to be fired for not showing up to work depends on several factors, including the union contract, the nature of the absence, and relevant labor laws.

Understanding the Union Contract

Many union workers are governed by collective bargaining agreements (CBAs) that outline specific rules and procedures regarding attendance, absences, and discipline. These agreements often specify the conditions under which an employee can be terminated for absenteeism. For example, chronic or unexcused absences might lead to disciplinary action, potentially ending in termination, as per the contract terms.

The Nature of the Absence

Employers have the right to terminate an employee who skips work, but the legality and process of such termination vary based on the circumstances. If the absence is unexcused, meaning there was no notice or valid reason provided, the employer can terminate the employee. However, if the absence is due to a legitimate reason, such as illness, a family emergency, or military service, the worker may be protected under the union contract or relevant labor laws.

Progressive Discipline Process

In some union contracts, there is a progressive discipline process. This means an employee typically receives warnings and other sanctions before facing termination. For instance, an employee might receive a verbal warning, followed by a written warning, before being fired. If a worker has a history of absenteeism, the employer may follow this process before making the decision to terminate.

State and Federal Labor Laws

Federal and state labor laws, such as the Family and Medical Leave Act (FMLA), can provide additional protections for workers. If the absence qualifies under these laws, the employer may not be able to terminate the employee. In some cases, the union may also have specific provisions in its contract to protect members in such situations.

Examples and Mitigating Factors

Several factors can affect the outcome of an absence without notice. For example, a worker with a long history of perfect attendance and top performance might face different consequences than one with a history of absences. Situational factors, such as a natural disaster or a person being called to military service, could also mitigate the penalty.

It's important to note that the situation would differ if the worker was not part of a union. Non-union workers may have less protection and could be terminated more easily for unexcused absences, unless protected by other local or state laws.

Union’s Role in Defense

Unions often defend their members when they face disciplinary action, especially if the absence is due to a valid reason. However, if the employee's absence is due to personal reasons, such as skipping work for a party without calling in, the union may not take action to strike over the issue. Employer accountability and appropriate follow-up measures can still be managed to ensure smooth operations, such as scheduling part-time staff to cover the missing shift.