Can Labor Relations/Union stop an employer from hiring a salaried employee?

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Can Labor Relations/Union stop an employer from hiring a salaried employee?

I am currently a non-member bargaining-unit employee with a large company. I recently applied for a salaried position, for which there were several openings, within the same company and quickly received a reply that they were interested in hiring me for the position. After about a month with no further contact I inquired about my status. I was informed that I am at the top of their candidate list, but Labor Relations is presenting obstacles to the department extending offers to me and another bargaining-unit co-worker who applied for the same position.

In the past few weeks there have been several outside hires receiving offers for the position without issue.

Can the company be blocked from hiring me for a salaried position because I am currently working a bargaining-unit job?

Asked on August 10, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is voluntary on the part of the company to give you the salaried position: they have no obligation to give you (or anyone) this role. That being the case, they can choose to not do so (i.e. be "blocked") if the union or labor relations concerns make them feel that it would be a bad idea (e.g. would hurt labor relations) to give you the job. Since it's voluntary for them to give you or anyone the job, they can decide to not give it to you for any reason, including, for example, push back from the union, or a concern over labor relations.


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