My brother-in-law works for a unionized company and has for 2 years now. He has all the qualifications needed for his job and is going to night school to get even more qualifications that are recommended for his job but not required. Another co-worker in another sector of the company is being laid off and was told by HR that if he gets a certain class of driver's license by the end of the week he can have my brother-in-law's job instead and they will lay my brother in law off instead. Is this even legal?
Yep! It's called bumping and it happens all the time in a unionized workforce. How the process works is spelled out in the union contract. Your brother-in-law may be able to bump someone further down the line. He should check into it.
This is one of the many reasons I don't care for unions. It makes no business sense to choose your terminations not based on the individual, but on some hierarchy hashed out by lawyers who have never met the people who will be effected by this.
But, that is neither here nor there. Hope the guy doesn't get a driver's license in time or ask the union rep if there is someone below him that he can bump. Which, of course, is unfair to that person. But, that person may be able to bump someone else, and so on and so forth. Sometimes, you can work it so that no one ends up getting terminated and the position that gets eliminated is a vacant one. My guess is, though, in this market, there are few vacant positions. Sorry.
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