I work for a large organization that has union and non-union positions. There is currently a union position that is open and I have all the qualifications to fill it, I was pretty much told the position was mine as long as no union person applied. Nobody in the department has applied, but now I am told someone who is union but not in this department has applied. The person doing the hiring tells me they might have to hire the other person because they are union. Is legal for a union to keep a more qualified individual out of a position just because a union person wants it.
Yes it is legal. The employer isn't discriminating based on a protected class but is instead acting within the requirements of a collective bargaining agreement.