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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Can a non-union employee be hired for a union position over

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Can a non-union employee be hired for a union position over a union employee who is also qualified?

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

yes

Employment-LawExpert :

The short answer to your question, is that it would completely depend on the actual bargaining agreement entered into between the employer and the union.

Employment-LawExpert :

In many industries, companies are not allowed to hire non-union workers.

Customer:

OK - we have some positions considered "sensitive" that are non-union in our hospital. I applied for a position that is a union position and I am a union member in my current position. Another nurse got the job who is in a non-union position. We

Customer:

We're both qualified for this particular job.

Employment-LawExpert :

If the hospital has an agreement with your union that states that they can only hire within the union, then under the NLRA the employer is obligated to recognize and bargain solely with the existing union. The best option in a situation like this, is to either 1) get a copy of the agreement and see if there is any specific provision covering the requirement that union employees must be hired, or 2) (and this is much easier) speak to your union steward who will have this answer for you.

Customer:

Thanks - I will do that. I will be sorely disappointed if they're trying to pull one over on me, which I kind of think. Have a great evening!

Employment-LawExpert :

You too. Have I fully answered your question today?

Customer:

Yes, you have.

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