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Employer says my union membership is a conflict of interest

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horsewmn

Junior Member
I live in Virginia and am employed part time, on call by a non-profit company in California. I have worked less than 30 days for them in the last 7 months. Recently they have indicated that there is a perceived conflict of interest because I am a member of a union. They have indicated that I must cease being a member of any union, and, not take any other employemnt if it requires union membership. Is this legal?What is the name of your state (only U.S. law)?
 


xylene

Senior Member
I live in Virginia and am employed part time, on call by a non-profit company in California. I have worked less than 30 days for them in the last 7 months. Recently they have indicated that there is a perceived conflict of interest because I am a member of a union. They have indicated that I must cease being a member of any union, and, not take any other employemnt if it requires union membership. Is this legal?What is the name of your state (only U.S. law)?

How do they know you are in a union?

How will you prove you are not in a union?
 

FlyingRon

Senior Member
That's a violation of the NLRA and the Virginia Code. Your federal recourse (especially based on your sporadic employment) is going to be pretty tough. It is however, a MISDEMEANOR in the commonwealth of Virginia to require an employee "to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment."
(That comes from Va Code Ann. section 40.1-61).

You may wish to inform them of that and follow up with a complaint to the Dept. of Labor and Industry (Virginia Department of Labor and Industry)
 

horsewmn

Junior Member
Thank you, I didn't think they could do it.... I'm waiting for them to put it in writing which they said they would do. Once I get it, I will be taking your advice and contact the labor board.
 

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