If I’m an at-will employee and also pay dues to retain seniority, can my company fire me as an at-will employee and not allow me to flow back to my unionized position?

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If I’m an at-will employee and also pay dues to retain seniority, can my company fire me as an at-will employee and not allow me to flow back to my unionized position?

I work for a company as an at will employee in management. I also pay union dues to

protect/retain my seniority for the position I worked prior to promoting to management role.

Asked on April 29, 2016 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you're an at-will employee, you may be terminated at will by your employer and the employer does NOT need to let you go back to your unionized position, regardless of whether you pay union dues or not, *unless* there is a union or collective bargaining contract covering you (and employees like you) which states that if you lose your non-union position, you have the right to flow back to your prior union position. You need to review the union/collective bargaining agreement to see what rights it gives you.


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