Know your rights in workplace

By Rick Moyle

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I am sure most people by now have heard about the firing of a Fort Dodge dental assistant for her being too attractive. Many may say, “Hey they can't do that! “

Well, they can and they did. Justice Edward Mansfield stated that such firings were not illegal and not unlawful discrimination because they are motivated by feelings and emotions, not gender. Bull.

Iowa is an at-will employment state. Unless an employment contract details the duration of the employment relationship, an employer can terminate you for any reason they want, at any time and without any notice. State and federal laws are supposed to make it illegal to discriminate against an employee or applicant based on race, color, religion, sex, national origin, creed, sexual orientation, sexual identity or disability. All this does is give an employer a list of things he or she cannot use for firing someone.

This brings me back to an employment contract. One great way to obtain a contract is to collectively bargain for one. Collective bargaining is a method of negotiation in which employees use authorized union representatives to assist them. In the contract, it will state that the company recognizes the union as the sole collective bargaining agency for all employees covered by and coming under the provisions of the agreement.

It also may declare that the company, the employees and the union recognize that harmony, cooperation and understanding in their relationship with each other are essential to the welfare of the parties hereto. It may further recognize that the goodwill of the public is important and the company, the employees and the union pledge themselves to fair and understanding dealings with each other.

This contract will state that no employee shall be discharged or disciplined without good and sufficient cause. It may have a list of prohibited acts that allow the company to suspend or discharge an employee for violations.

It is beyond me why anyone would want to work in an at-will state without the protection of a collective bargaining agreement. I am betting that most CEOs in this country have a contract. Why can't you?

Well, you can. The National Labor Relations Act states that employees shall have the right to self-organization, to form, join or assist labor organizations and to bargain collectively through representatives of their own choosing. It also gives you the right to refrain from any or all of such activities.

Many major corporations and some other employers are violating employee rights and safety. This behavior should not be allowed to continue. Know where to turn when your rights at the workplace have been violated.

Rick Moyle is executive director of the Hawkeye Labor Council AFL-CIO. Comments: rmoyle@hawkeyelabor.us