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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116710
Experience:  20+ Years of Employment Law Experience
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I would like to know if I have a case. I don't even know

Customer Question

Hello my name is ***** ***** I would like to know if I have a case. I don't even know where to start. In 2011 my division Payroll (higher Education) was dismantled with implication of centralization for the Payroll division. When I hired on in 2006 I answered an ad for a Payroll Director, and was interviewed and offered the position as Director of Payroll. Five years ago we were transferred to a downtown location. There are 24 schools in this division all of which had there own Payroll Office and Payroll Director. Shortly after we were moved downtown we were asked (15 minutes before COB) to bring in our degree(s), social security card, children's birth certificates, drivers license or pictured identification to fill out an application as a rehire. A few days after we were called into a conference room and told that we would become exempt from the collective bargaining agreement because all of the employees that work under the Vice Chancellor are exempt from the union (this is not true some of my colleagues under a different union are not exempt). We were never given a new job description even 5 years later, we have been performing one hundred percent clerical duties for the entire duration of 5 years. The division has not been centralized, we are still exclusively working with the campus of which we were severed. Do I have a case?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you are still not a member of the union and are an at will employee, legally the employer has the right to make business decisions as to where they need you to work and the work they need you to do. If you believe you are improperly being excluded from the union, then for that issue you would have to file a complaint with the state labor board and they have to investigate to determine whether or not your position should be under the union contract. If they determine your employment should be under the union contract, THEN the employer would be liable to you for damages for improperly hiring you outside of the contract and would have to also pay to correct any violations of that contract you should have been under.
Customer: replied 11 months ago.
thank you, ***** ***** no exerpt in our contract that states exemption under the umbrella of the vice chancellor.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
So your first complaint is to the union itself and if they cannot resolve the issue, you have to go to the state labor board.

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