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Take care when responding to union résumé

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in Employment Law,Human Resources

Here’s a warning about turning down an applicant who lists union memberships or otherwise indicated union support on his employment application. Refusing to interview him or turning him down for a job he is qualified to do may backfire. It may constitute an unfair labor practice.

Recent case: Bret, a union member and an electrician, was one of several men who submitted their résumés to Aerotek, which was seeking qualified electricians. In the email containing his résumé, Bret wrote that he wanted “to expose more electricians” to the union he belonged to. In other words, he appeared to be attempting to unionize a nonunion workplace and openly admitted as much.

Bret wasn’t hired. He then went to the National Labor Relations Board and complained that this was an unfair labor practice. The NLRB agreed, as did the 8th Circuit Court of Appeals. (Aerotek v. NLRB, 8th Cir., 2018)

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