Expert Advice When You Need It Most

Employee's rights against employer who tries to break up union membership WA state employment law

Can an employer repeatedly reorganize to try to break the union and eliminate older workers?

My WA state employer recently reorganized and laid off 5 workers (4 union & 1 nonunion) in one job classification. Two jobs were created & filled by the junior union workers after the position were modified. The most senior employee, a shop steward, applied for another position for which s(he) qualified for, but was passed over. The last employee's skills did not line up with the new set of requirements and did not apply for any of the new positions.

The employer brought in a consultant who recommended the elimination of the positions outlined above. The employer was successful in breaking the union and eliminating two age 50+ workers.

Save

Attorney answers (1)

Reputation Level 8
Ouch! Your employer could be facing some serious trouble. It's worth talking to your union and to the regional office of the NLRB. Go to www.nlrb.gov. Find the regional office and talk to a Board agent. Most of these issues depend on an analysis of what the employer's motivation was. If the employer was simply implementing a reasonable productivity oriented change that resulted in some layoffs of union folks and older workers, it could be ok (maybe). On the other hand, if the employer was motivated by a desire to break the union or get rid of older workers, or both, that employer is in serious need of a good labor lawyer.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now