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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118075
Experience:  20+ Years of Employment Law Experience
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I work for state of Ohio and we are under union ocsea

Customer Question

I work for state of Ohio and we are under union ocsea contract. Our contract states we have bidding rights on our positions under the state. It's been 3 yrs. since our institution started construction. There temporarily moved our entire nursing home unit until construction was completed. They have now decided that they do not want to move the u it back and have decided to lock the unit. They have moved other residents and staff to that unit which was the unit that we (old staff) bid on and was awarded. They now tell us that we will not be returning to that unit but will be placed on an entirely different unit that we did not choose and we have no choice but to take that unit! This totally goes against our rights per our contract. And our union is telling us that we have to just suck it up and that we are not allowed to file a grievance which also goes against our contract! What are our options with this?
Submitted: 12 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 12 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 they are ignoring the bidding rights and put other employees in those positions they are in breach of the contract. I do not know why the union would tell you that you cannot grieve a breach of the contract. If the union will not take action, this would be an unfair labor practice that you could file with the NLRB (as you were considering), since the employer is supposed to follow the contract terms and the union's duty is to make the employer follow the contract and represent the employees and neither is happening here from what you are saying.