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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19134
Experience:  B.A.; M.B.A.; J.D.
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If I were told by Labor Relations Department, that I had to

Customer Question

If I were told by Labor Relations Department, that I had to have you sign a resignation form before I could be placed as a Phone Operator because under the current employee Union contract at that time, part time bus operators were not allowed to bid on full time positions as a Phone Operator. Years later I was told by my old Manager they had several part time bus operators back then that wanted to bid into Phone Operations and we're told they would have to resign and apply as an external employee. They were afraid they wouldn't get rehired so none of them did it. That same Manager also told me Someone must have a copy of the bargaining unit agreement from that time that would outline this specific issue, either HR, Labor Relations or the Union, in which I found out does not exist. I never physical left the company as an employee, I just changed positions from a PT to a FT employee. As a result I have lost 15 months credit with the company union due to the in my opinion forced resignation in order to go full time. There never was a resignation policy, just word of mouth policy. No one can provide any old policies of this action. The only factor is the Union rule that states if you resign your Union membership you only have 90 days to reinstate your break in service or resignation from the Union membership and pay back any funds returned to you, which was $32.00 dollars at 6% interest from time of resignation to reinstatement. As stated earlier I never left the company as an employee, not even for one day, I just changed my job status from one day to the next. As far as the union rule it never was mentioned or provided to me at the time I was forced to sign the resignation form in order to accept the full time position on the day I was interviewed and offered the full time job. I found out about the damage after I learned that my original hire date had changed by 15 months, due to my signing the resignation document as a part time bus driver. I started the job PT as a Driver on 4/12/1996 and this year on 4/12/2016, would have been 20 years, yet do to the situation I now face I only have 19 years and must keep working another year or more to get 20 years , even though I will have worked over 21 years for my company next year. I have all documents that support my case as a wrongful resignation or termination as defined by Colorado Labor Law. Still employed at this company, need your help to retire with 20 years, this year, not a year from now.M.C. Armstrong(###) ###-####or(###) ###-####cell
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

If your Union is not being cooperative, you need to file Complaint with U.S. Department of Labor, Employee Benefits Security Administration and let the Department investigate your issue and get back to you. Click on link below to start your complaint:

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