What To Do After Losing a Union Job

Being a part of a union often means enjoying the benefits of your union’s collective bargaining efforts. That can mean better wages, more vacation, full health insurance coverage, and retirement options. However, union employees can still face job loss or intolerable working conditions.

Union membership usually means you have more job security than at-will employees. If an employer gives you a notice of termination in violation of your collective bargaining agreement, you may have a wrongful termination claim against your employer. Contact a labor law attorney to find out about your legal options if you lose your union job.

Layoffs and Federal Law

The Worker Adjustment and Retraining Notification Act (WARN) applies to most employers with 100 or more employees. These employers need to give workers at least 60 calendar days advance notice before mass layoffs or closing facilities. However, there are some exceptions for unforeseen business circumstances or natural disasters.

The National Labor Relations Board (NLRB) protects the rights of employees to organize, work as a collective bargaining unit, and prevent unfair labor practices by employers. This protects both union and non-union workers trying to improve working conditions, wages, and health care.

Depending on where you live, state laws may also protect you after you lose your job. Some states offer greater job protections for union members and union organizing. Talk to an employment law attorney about the labor protection laws in your state.

The Role of Union Layoff Rules

WARN ensures workers have time to transition to new jobs or get the training they need to successfully change careers. Different workers’ rights organizations have distinct union layoff rules. These still protect their members even if the WARN regulations don’t kick in.

Collective bargaining agreements (CBA) can vary widely by the industry and union. Common CBA layoff clauses may include:

• Recall clauses where employers have to rehire laid-off workers once they get past the initial layoffs
• Bump clauses where laid-off workers get to take other less-senior positions
• Super seniority clauses that ensure union officials get laid off last and recalled first to protect worker rights and uphold a CBA
• Seniority plus clauses that force employers to consider other qualifying factors, such as job training or certifications, in addition to worker seniority

Some CBAs completely prohibit layoffs. Many also forbid practices like laying off union employees and giving their jobs to non-union workers or contractors. In some cases, a CBA might also give you alternative options, such as:

• Switching to part-time status
• Receiving new job training
• Reducing your hours

First Steps After Getting Laid Off

If you get laid off, you may have to speak with a human resources (HR) representative. While this is normal, you generally shouldn’t sign any termination letters before talking to your union rep or an employment lawyer. These agreements may include terms you don’t understand, such as non-disclosure agreements (NDAs). Employers may try to make you sign a severance package that prohibits you from exercising your legal rights.

Pursuing unemployment benefits is another critical step. In most states, you can collect unemployment if you get laid off through no fault of your own. In other words, it’s important not to quit or get fired for cause before the layoff actually goes into effect.

Vital Union Resources to Tap

After getting laid off from a union job, it’s critical to learn what your CBA allows and provides. You may be able to find your CBA online. It’s important to use the most updated version. In most cases, you will need to discuss details with union leaders.

You should provide your union representatives with the following information:

• Any formal layoff or termination notices you received
• Any concerns about the way you were fired
• Communications, such as emails you received from HR or other company leaders

The Appeal Process

Union members who get laid off can appeal to local government agencies. To file successful appeals, you will need to provide evidence and facts proving union, state, or federal layoff violations.

For instance, layoffs may be illegal if you can show that the actions were arbitrary or capricious. This means actions that are unreasonable, impulsive, or without justification.

Exploring Employment Law Claims

Appealing a layoff is just one kind of labor law resolution. Under the Labor Management Relations Act (LMRA), CBA-protected employees can file a claim against employers for termination without just cause.

Alternatively, you can also file an LMRA lawsuit against your union if it fails to enforce your legal protections. This includes:

• Failure to represent union members in good faith
• Acting in an arbitrary or irrational manner
• Discrimination against union members

Your employment agreement may also require mandatory arbitration for any employment disputes. However, arbitration agreements are not always enforceable. For more information about your legal options after you get fired from a union job, talk to a labor lawyer.