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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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I was hired on a few months ago with Buzz Oates Construction

Customer Question

I was hired on a few months ago with Buzz Oates Construction as an HVAC service tech. I was then asked to run a job at the Dept. of Consumer affairs installing equipment and duct work which I finished today in 2 months on schedule, under budget, and with no problems. The Sheetmetal Union has gotten involved along the way, but everything is hush hush. When I finished the job today, I was told to report to the office at 10 am tomorrow which leads me to believe Im being let go because there is still alot of other work to be done on the job. I believe they are going to let me go and try to say that Im a sheetmetal worker, the job is over and Im being off as a scape goat to satisfy the union. I was actually just contacted by the head of HR and was told to take tomorrow off and come in Monday morning cause she has to talk to the powers that be to see what they are going to decide at 8:30 am on Monday. I also know for a fact that we have plenty of service work so they cant say that there is not enough work to keep me on. Not sure what to do?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

If the sheet metal union has a contract with your employer, and you performed sheet metal work within the scope of your work, then the union could try to get the employer to terminate you and hire a union worker instead (assuming that the union has an HVAC tech among its ranks.

If that happens, then you can contact the NLRB and complain that you have been discriminated against under NLRA Section 8(a)(3), and that you should have been offered an opportunity to join the union, rather than terminated in preference to some other union employee.

Hope this helps.

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