Can I sue a union for stripping my seniority as a punishment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue a union for stripping my seniority as a punishment?
I was a Manager, placed back in the union when Manager position was eliminated. As a punishment the union accepted me back but at less seniority so that when layoffs happen I’m the first one to go. There is a precedent however of another employee who left the company for a year came back held a Manager title and went back to the union all while keeping his original hire date seniority.
Asked on June 15, 2009 under Employment Labor Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Well precedent is relative. Unions are based on collective bargaining agreements or contracts. The agreement or contract may have changed to disallow you keeping your seniority. Don't jump to conclusions until you have read the actual collective bargaining agreement.
If you feel the agreement hasn't changed, try www.attorneypages.com and obtain a union contract labor law attorney. Then check his or her disciplinary record at www.calbar.ca.gov under attorney search.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.