Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. I am unclear though as to why you would say you are the only one effected by the decision to no unionize your Department. Were you ever the only employee? If not, than this wasn't a decision only effecting one person, but instead a department. It is unusual, but not unheard of. Having not been privy to the bargaining agreement or the negotiations, I can't tell you why or even if this is even the case. If you think you were covered under the BA and are being told the wrong information, you can either file a complaint with the parent union organization (headquarters) or even with the NLRB. But again, it would be lawful to exclude departments or certain types (job titles) of employees when negotiating a contract. They may have known of the change over to contact employment when the negotiations were conducted, which would make sense that they excluded a department that would be outside contract labor.
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Thank you for your reply. I can certainly understand your dismay and upset with the situation, however, employment is always "at will" in NYS, as in most states, unless there is a BA that applies. That means that there is not a claim for fraud in the inducement for an employer hiring an employee, even if it can be proved that they knew that down the line they might eliminate that employees job. In other words, there is no legal duty to divulge that fact. There could be a very few slim cases in employment that would warrant a fraud in the inducement, but those would be very unusual and would involve cases where the employer was trying to get information or intellectual property from the employee with a view toward taking that information and then terminating them. Very narrow circumstances.
Unfortunately, I didn't write the laws and cannot control what your union and this company have contracted for. Your options, other than the ones the employer is giving you, are the ones I mentioned before. You can certainly sit down with a local employment law attorney who can explore the facts with you but, based on the information you have provided, there doesn't appear to be any legal recourse beyond what I mentioned. If the entire department you worked in were all in a specific protected class under employment discrimination laws, there could be a claim that the union and the employer targeted you all for discriminatory treatment. That is a long shot, but if that is the case, you can file a complaint with the State human rights commission.