Everyone should be receiving a corrected version of the form HR sent out last Friday. New York State law requires that MSA notify you of ALL pay rates on the form. Please do not sign this document and continue to reply with the following message.
This is a mandatory subject of bargaining under the National Labor Relations Act. The implementation of this policy is a violation of federal law. Please contact my Union at (888) 864-6601 if you're ready to begin negotiations.
A few of you have asked if MSA can discipline you or terminate your employment for not signing this document. The New York State Department of Labor gives employers the following guidance if an employee refuses to sign...
12. What if a worker refuses to sign the notice?
The employer should still give the notice to the worker and note the worker’s refusal on its copy of the notice.
The sending of this message is considered protected union activity and you're afforded protection under the National Labor Relations Act. As long as you remain calm, courteous, and respectful you'll always be safe. When in doubt, document or record any interaction you feel violated your rights and contact us ASAP.
You can find the NYS DoL Wage Theft Prevention Act FAQ here.
We firmly believe MSA will be using these signed notices as evidence in the settlement conference on November 28th. We believe they will argue that a settlement payment should be at the $18.75 rate because the handlers have already agreed to the rate for at home training of our partners. We will be there to ensure the judge is aware the K-9 handlers of MSA DID NOT agree to this rate. They have stolen enough from us already. Do not let them take another cent. Stay strong, stay united.
Curious about what California Labor code states about refusal to sign as well as other states where we work?
ReplyDeleteDid you receive a notice that was on a California Department of Labor form instead of a New York State LS-54 form?
DeleteThe only document I received referred only to New York law. It never mentioned anything about California or any other state laws. So the question is, are we bound by the laws of the state in which we reside and work, or New York laws where the company is based when it comes to labor law issues like this? I would like you to get guidance from United Federation of K9 Handlers attorneys on this matter before giving us an answer.
ReplyDeleteYou received a New York wage statement because the company is based in New York. No other states law would apply to the NYS wage statement.
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