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Not hired because of previous union involvement

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shafner79

Junior Member
What is the name of your state (only U.S. law)?

Hello,

I was recently told by a former boss that the companys corporate office would not let him hire me back because of my previous union involvement.

When I left, my file stated I left on good terms and that they would gladly have me back. Then, when I am ready to go back, I emailed my former manager and that is what he told me.

Is that legal? Isn't that discrimination? I considered myself a model employee, and I neer had any problems there. I left after giving more than 2 weeks notice.

I live in Pennsylvania
 


pattytx

Senior Member
Why wouldn't someone with "union involvement" (which I'm assuming to mean more than just a union member) know what the NRLB is? :confused:
 

shafner79

Junior Member
Why wouldn't someone with "union involvement" (which I'm assuming to mean more than just a union member) know what the NRLB is? :confused:
No, you've got it wrong....

This is a non-union company. It's a newer company that is nationwide and growing everyday. Several employees, including myself, decided to try and bring the union into the company. Of course the management brought in anti-union people to show us videos, etc. Anyways, before I resigned, they found out that I was the main contact between the union reps and the employees.
 

Andy0192

Member
Unless I just woke up on another planet, you cannot force anyone to hire you back after you willingly resigned. Not for any reason.

The National Labor Relations Act makes it illegal:

1. to discriminate against employees for engaging in concerted or union activities or refraining from them,

2. to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings.

You're not an employee. They can discriminate against you by not hiring you.

They can't prohibit you from helping to organize a union, but they certainly don't have to hire you back to allow you easier access to their employees.
 

cyjeff

Senior Member
Unless they stated that the would have hired him back except for his union activities.

Then, it enters another arena.
 

shafner79

Junior Member
Unless they stated that the would have hired him back except for his union activities.

Then, it enters another arena.
The plant manager stated that he would hire me back in a heart beat, but corporate will not let him because I was involved with bring the union in before. He also emailed me and told me this.

I also understand I can't force them to hire me back, all I asked was is it legal for them not to hire me simply because I tried to bring the union in before.
 

Andy0192

Member
Wow - after doing some more reading, it appears there have been cases where the NLRB applied "employee" status to people who have just submitted job applications.

You'll want to look up "Toering Electric Co., Cases 7-CA-37768, 7-CA-39093, and 7-CA-39205."

Go ahead with contacting the NLRB. You've still only got the plant manager's word, and I bet nobody at corporate is going to confirm what he's saying.
 

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