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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116707
Experience:  20+ Years of Employment Law Experience
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My beer distributor sold the rights of its product to other

Customer Question

My beer distributor sold the rights of its product to other beer distributor so I lost my job. There both the same local union 701. The other distributor said they would take us as long as we went over right away and passed a physical. Our shop Stewart walked everybody who went through the process. I didn't go because the job was getting to strenuous on my knees. 9 months later I put in application for a to load trucks during the night at this distributor once I heard from old shop Stewart the new loaders weren't good. I also put in application as a casual driver before the summer season a few months later. I told my shop Stewart old shop Stewart about both. I hadn't heard from them. I've been out of work for 9 months. I lost all my filing for bankruptcy. I paid union dues for 10 years at previous distributor. It doesn't seem like anybody from my union did anything at all as far as a phone call to the company to help me get hired. I don't even think my old shop Stewart called anybody from the union about it. I think I get left in the dark just because I'm one person. I want to know if I have any legal right for compensation for this being that there didn't seem to be any oversight whatsoever on the union/old shop Stewart part of this situation. I would have at least expected a phone call from s union member or shop Stewart telling me the company just wasn't gonna hire me for whatever reason after they communicated with them so now I could go to the next step which would be where could they help relocate me within all other 701 union companies that are looking for class b commercial drivers so I can continue employment else where.
Thank you, *****
Submitted: 8 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 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.
I am afraid that the new owner was not obligated to take you outside of the terms that they offered for people to go to work there immediately. Once you did not go, the union was not obligated to get you hired and their failure to call you after you applied would not give you rights to compensation from them.
If you want to continue trying to get hired, as you are still considered part of the union as a former member (inactive) then you need to contact the union steward directly and ask about union openings, but legally they do not have a legal duty to reply. Without a legal duty to reply or mandate to hire you, there would be no legal basis to demand compensation or to sue them for not hiring you on with the new distributor I am sorry to say. This is one of the downsides of the unions I am afraid.
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