I have a question. My husband works fro (employer) and has been there for 9 years. Recently a Foreman position became available due to the termination of the employee. My husband spoke several times to his supervisor, the hiring director and the union steward about applying for the position. Each time he was told he could not have the position because he did not hold a Journeyman's license. He has been doing the same duties that are required for the position but because he didn't have the actual piece of paper, he was told that he could not have the position. He voiced his desire for the position many times.

ANother employee, who also does not hold a Journeyman's license and is not of my husband's seniority, his wife sent in his resume for the position without him knowing about it. As it turns out, they gave him the position even though he has NO license and no seniority. My husband was told that this employee went through the "proper" channels by submitting his resume and that's why he was given the position. At no time was my husband told that he would need to submit a resume in order to be considered for the position by anyone. He was just tole he couldn't have the position without a license.

He would like to file a grievance as well as a discrimination suit (as it turns out this employee is of color who was given the job). Does he have a case and how does he go about it?

Thank you.

As far as the law is concerned, nothing in your post suggests illegal discrimination. No law requires an employer to promote based on seniority. Unless he has a valid and supportable reason to believe that his race was a factor, this falls into the possibly unfair but not illegal category.

If he is covered under a union contract, there may be some provision in the CBA that affects seniority rights. He would need to speak to his union rep about that.

Ok, I understand. However, how about the fact that he was NEVER told by his supervisor, the Human Resource Director or the Executive Director (all whom knew he wanted the position) that he had to submit a resuime in order to be considered. They just kept telling him he couldn't have the position because the union contract description required a Journeyman's license and since he didn't have one, he couldn't have the job. Now the inidvidual they hired does NOT have a Journeyman's license. How do they get around that?

They don't have to "get around it". They are not required to provide him with the procedure. Did he ASK what he would have to do, to be considered?

Yes, he did. They just told him he couldn't apply because he didn't have a Journeyman's license. How can they tell him that and then hire someone who doesn't have one? It is in the union contract that the position requires a license?

His only recourse would be through the union.

Thanks for your help. One final question, however. If the union steward fails to do anything about his grievance, where does he go next? This steward has a habit of kissing the Executive Director's butt...

Then you would have an issue with the union for failure to represent your claim.

I think I see what is going on here. Under your husbands Union contract he must have a journeyman's card to apply for the supervisor position.
That contract is between the union and the company. Your husband is in the Union so he has to follow that.However if the Supervisor job is an exempt position (no C.B.A) that gives management the right to hire any one outside the union who does not hold a Journeyman's card.
For example if the company wanted to hire a supervisor out of college with no Journeyman's card they would be with in the C.B.A between the union since the supervisor is not a member of the union.
Does that make sense O.P ? If it does not I will try to clarify it. Now if the supervisors job must be filled by only members of the Union,and the company fills the job with someone with less seniority than your husband and no Journeyman's card.Then the Steward can file a grievance.
JoeC

Thanks for posting. The individual who was given the position IS a member of the union and does NOT have a Journeyman's license. He has only been with the company for 3 years. My husband has been there for nine. So, does he have a legitimate grievance to take to the union steward?

That's ultimately for the union to decide!

No one here is educated is the specifics of the collective bargaining agreement that your husband's employed under. Each union has its own agreements. There should be a union rep that can explain his rights under the CBA and the process to file a grievance. This is correct starting point.

It is a union position. It had to be posted in house so union members had the opportunity to apply for it. If no one was interested, then they would have posted it outside.

Then take your grievance to your union steward. He/she should be able to guide you through it's process. And to explain if any provisions of the CBA have been violated.

Could you explain the term C.B.A?

Thanks!

It stands for Collective Bargaining Agreement. This is the employment agreement between the union and the employer.

I see. Thank you.