Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
The only way this could be an unfair labor practice is by being a clear and blatant violation of the collective bargaining agreement between the employer and union. You haven't stated anything in your question as to what is any clause in the bargaining agreement is being violated in this instance. Likewise, the union is not raising the the grievance to arbitration
. Thus, I'm assuming the union doesn't view this as an arguable violation of the collective bargaining agreement. So, what I'd advise you do in this regard is review the collective bargaining agreement as to how this treatment is a violation of that agreement. It's not at all clear from your question that it is, but I'd expect your union to pursue it if it was.
Second, as to it being discrimination or prejudice, the discrimination laws protect people based on their civil rights
on account of their age, race, gender, disability or religion. There isn't protect for someone, or a group of employees
, who are just being treated adversely because of their job classification.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.