Are there certain procedures to follow when laying off a union employee?
Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.
Generally, a collective bargaining agreement provides for procedures in the event of a layoff. These will include rules for the order of lay off, such as by seniority. Often more senior employees in higher classifications who are slated to be laid off can "bump," or displace, less senior workers in lower classifications, so long as the more senior worker is capable of doing the job. There may also be notice requirements to the union and an obligation to bargain with the union over such matters as severance pay. Finally, there will be rules regarding the obligation of the employer to recall an employee to work when work picks up.