clause de désistement
- Domaine
-
- travail syndicalisme
- Date
Définition :
((Clause d'une convention collective qui)) permet, dans les dix ou quinze jours suivant la signature de la convention, à ceux qui le désirent de se retirer du syndicat.
Terme :
- clause de désistement n. f.
Traductions
-
anglais
Date :Définition
General term signifying release from an obligation. One example is found in maintenance-of-membership arrangements which give union members an "escape period" during which they may resign from membership in the union without forfeiting their jobs.
A fixed period in a membershif agreement during which an employee may withdraw from the union without loss of employment.
Any provisio in a contract which permits either party to be relieved of any obligation previously incurred or agreed to.Note :
Specifically, the term has been applied to contract clauses which provide for the maintenance of union membeship as a condition of employment. The escape clause is designed to give employees an opportunity to resign or to state, usually to both the union and the company, that they do not wish to be members of the union. The clause generally specifies a period of time during which the employee may "escape" the obligations of membership. Employees who fail to give proper notification are required to maintain their membership until the next escape period. The escape clause developed out of the union security conflict during the National War Labor Board's existence. The unions sought to establish the closed shop, while employer members wanted the open-shop policy adopted in cases involving union security coming before the Board. In early cases the Board held special elections and provided security where the election indicated the employees favored union security. Later, maintenance of membership was developed as a compromise solution. The escape period was inserted because of continued opposition from employer members of the Board. The employers sought to reverse the Board's escape concept, urging that unless an employee specifically sought membership in the union he not be covered by the maintenance of membership provisions. A 15-day period became the standard for the escape clause ordered by the NWLB.
Terme :
- escape clause
Terme associé :
- escape period