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 11 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.


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