Can this be a case?

I worked for a company which was unionized. After 4 yrs and 9 months of working I along with others were laid off stating lack of work. Went on unemployment and then found another job 2 months later. However I was told by my union that we can still be recalled back to work within a 1 year time frame if we wish to come back and still keep our seniority. After 11 months I was called back and reinstated but 2 weeks later was told that they company has decided to shut down its operations in Aug. This is completely disrupted my life and would like to know if this can be a case? Why would they bring me back if they knew they were going to shut down? Thanks

1 answer  |  asked Jun 16, 2016 1:02 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Your collective bargaining agreement sets your conditions of employment. If the union knew or should have known that the company would shut down you may have a potential claim against the union. Assuming it's a private union have you contacted the National Labor Relations Board to determine whether the union did everything necessary under the terms of its agreement with the company?

Did you provide anything of value from your last job when you returned to your union position? By that I mean things like contracts or customers or business which the company closing its doors benefited from due to your return?

Finally, did you have any written guarantee from the employer that you would continue employment for a specific term or a definite period of time before you left the last job to return to your union job?

You may want to pay a labor and employment lawyer for a consultation to review this entire situation, the WARN Act provisions, CBA, etc.... sooner than later. Once a statute of limitations runs on any potential claim you're done.

posted by V Jonas Urba  |  Jun 17, 2016 1:35 PM [EST]

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