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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15657
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I had to re-bid on my job yesterday. I am an RN represented

Resolved Question:

I had to re-bid on my job yesterday. I am an RN represented by the UAW local 12. I have 28 years and 4 months of union seniority. I was initially given a re bid list on June 3, 2013 at 1700, that ranked me at 14th, for the re-bid that would occur on June 5, 2013. On June 4, 2013 a new re-bid list was handed out. My rank dropped to 16th, because 2 unions stewards was in this group that needed to re-bid. The first union steward has 6 months less seniority than me. The second person will have 9 years seniority at the end of this month. The person with 9 years seniority took my day job. I had to take a off shift job because of this super seniority status. This does not seem fair to me. I have never had any disciplinary action. I have not called in sick in over 10 years. Also a new contract was negotiated late last fall. I believe our job restructing was already being discussed last fall during contract negotiations. The 9 year employee is not very active in the union. Now that I think about she did mention something last fall about wanting to get out of being a steward, but would hold on to because of super seniority status and potential job re-bid. Do I have chance of winning my day job back? Is this worth getting a fair labor relations attonrney? This treatment does not seem ethical.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

under the Union rules,

wallstreetfighter :

seniority is key in new jobs being offered, if there is no legitimate reason why you were not picked for the position over a less senior employee, you should consider

wallstreetfighter :

filing a grievance and having a local attorney review the matter,

wallstreetfighter :

You may have a possible age discrimination case as well,

wallstreetfighter :

if you feel the Union or the employer did not want to retain yu due to your age,

wallstreetfighter :

and the fact they may have to pay you more due to your seniority,

wallstreetfighter :

Before taking legal action I would consider sending a letter to the Union representative advising them of the fact that you have more seniority over the other employee, and that her approval violated your Union rights,

wallstreetfighter :

and if an explaination is not given you will file an official complaint, and take all legal action neccessary,

wallstreetfighter :

by doing this, you can protect your rights, and the Union may be able to help you obtain a new position, that you want.;

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback.

Customer:

I want the day job. I took the night position in the same department. I don't think this is a age issue. The person with 9 years seniority is 11 months younger than me. I am certain my pay rate is higher, but they gave me the night job, so they still will pay me more. They pay an extra dollar per hour for nights. Thank you for the advise. I will start by sending a letter to the union. I am not sure that will help. Apparently, the union contract has something in it about super union status.

wallstreetfighter :

You need to have a copy of the Union contract, and make sure the super senior rights are clear,

wallstreetfighter :

and do apply in this stuation,

wallstreetfighter :

situation,

wallstreetfighter :

You should ask for a copy, and have an attorney review it to make sure your rights are not being hindered.

Customer:

Thank you. I will do that

wallstreetfighter :

good luck,

wallstreetfighter :


If you have any further questions please do not hesitate to ask.







If satisfied with our service please provide us with positive feedback



wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15657
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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