Legal Question in Business Law in California

replacing union with non-union

is it leagal to replace union workers with non-union workers. obviously the union folks get paid more in some of the jobs being replaced, but others are replaced by non-union folks, getting paid twice as much. in our contract it does say that the company can contract out any and all work. the union when nagotiating with company was lead to believe that those words applied to major constrution jobs, that the union could not handle because of lack of skilled workers, but were being replaced, systematically. example... our welders were relaced by contract workers. the positions did not cease to exist, the company just replaced them. we can accept it if our jobs no longer exist, but to replace us is troublesome to us. in addition i was layed off and recieved my final check. but was not paid accurately. some co-workers say there is a penalty to the company for not pay all that is owed me and other workers. one more issue is that before i was layed off human resource called me to ask if i want to continue to work 2 more months, i said yes, but the company officially layed me off at the end of the week. i was paid out in one check, they prorated my vaction for next year. i would appreate your insight and advice on these matters. thank u.


Asked on 6/08/08, 9:34 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: replacing union with non-union

Contact your union to file a grievance; that's what you paid dues for. You have no legal rights outside the CBA regarding the layoff. If you are owed pay, you can file a complaint with the Labor Commissioner if the union doesn't resolve it.

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Answered on 6/09/08, 1:26 pm
Arkady Itkin Law Office of Arkady Itkin

Re: replacing union with non-union

It is unlawful to discriminate against employees based on their union affiliation.

You are likely to have a legitimate claim under both - your collective bargaining agreement and under Fair Employment and Housing Act.

Thank you.

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Answered on 6/09/08, 3:03 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: replacing union with non-union

I am sorry that your union was so ineffectual in negotiating your contract. If your paycheck is short, you can file a complaint with the Labor Commissioner; if you were shorted on overtime (time-and-a-half over 40 hours), break and meal periods, etc., consult a lawyer.

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Answered on 6/08/08, 9:38 pm


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