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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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WHEN THE UNION IS THE SOLE AND EXCLUSIVE PROVIDER OF APPLICANTS,

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WHEN THE UNION IS THE SOLE AND EXCLUSIVE PROVIDER OF APPLICANTS, WHAT LAW ALLOWS THE EMPLOYER THE RIGHT TO REJECT ANY APPLICANT?
Hello and welcome to JustAnswer.

I'm not sure I understand your situation. Is the hiring process at all governed by the collective bargaining agreement, requring that the employer only hire union members, or only hire applicants that are from the union?
Customer: replied 4 years ago.

THE CBA GOVERNS ALL HIRING. THE LANUAGE IS THE SAME IN OUR CBA AS IT IS IN THE BECHTEL POWER VS NLRB CASE I'M JUST INTERESTED IF THEIR IS CASE LAW THAT ALLOWED THE EMPLOYERS TO SAY IF YOUR OUR EXCLUSIVE LABOR POOL THEN WE CAN ALWAYS REJECT AN APPLICANT ( NO QUESTIONS ASKED )

Hello Thomas,

The Collective Bargaing Agreement would determine whether the employer retains the right to reject applicants or not. In the absence of such a provision, the employer would have the right to reject applicants for any or no reason, since at-will employers have this discretion, and it can only be restricted by a collective bargaining agreement that takes that decision making power from the employer.

There is no case law that specifically states that employers have the right to reject any applicant, as long as there is no provision in the Collective Bargaining Agreement requiring the employer to accept certain applicants, then the employer would retain the right to make hiring decisions as long as it only chooses from the labor pool provided by the union.

Since this is a right that employers have, it can only be restricted by a provision in the Collective Bargaining Agreement that eliminates that control from the employer.

However, I find it unlikely that such a provision would exist in any collective bargaining agreement, as it takes any decision making power for hiring decisions from the company and gives them to the union. It's doubtful that any company would agree to let the union determine who the company employees by agreeing that they cannot reject applicants that the union gives them.
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