Union Member Layoffs: Your Rights and Protections

Union members have specific rights and protections during layoffs that non-union workers don't have. Your collective bargaining agreement (CBA) governs how layoffs are conducted. This guide explains your rights, how to protect them, and what resources are available to you.

Union Layoff Rights Overview

Your Contract Is Your Protection

Key principle: Your collective bargaining agreement (CBA) controls:

• How layoffs are determined
• What order layoffs happen
• Your recall rights
• Severance and benefits
• Grievance procedures

First step: Read your contract. If you don't have a copy, get one from your union representative or union hall immediately.

How Union Layoffs Differ

Aspect	Union Workers	Non-Union Workers
Layoff order	Usually seniority-based	Employer discretion
Bumping rights	Often contractual	Rare
Recall rights	Usually guaranteed	Usually none
Severance	Often negotiated	At employer discretion
Grievance process	Formal procedure	None
Representation	Union rep available	No representation

Seniority Rights

How Seniority Works

Most union contracts use seniority to determine:

• Order of layoffs (least senior first)
• Recall order (most senior first)
• Bumping rights
• Overtime opportunities
• Shift selection
• Job bidding

Types of seniority:

• Plant-wide/company seniority: Time with the company
• Departmental seniority: Time in specific department
• Classification seniority: Time in specific job classification

Seniority in Layoffs

Typical layoff order:

1. Probationary employees first
2. Then by seniority (lowest to highest)
3. Within job classification or department
4. May vary by your specific contract

Check your contract for:

• How seniority is calculated
• Whether seniority is plant-wide or departmental
• Exceptions to seniority-based layoffs
• Super-seniority for union officials

Bumping Rights

What Is Bumping?

Bumping allows a senior employee whose position is eliminated to "bump" a less senior employee out of their position.

Example: If you're a senior machinist and your department closes, you may have the right to bump a junior machinist in another department.

How Bumping Works

Typical bumping rules:

• Can bump into positions you've previously held, OR
• Can bump into positions you're qualified for
• Must bump the least senior person in that classification
• May have to bump down (lower pay grade)

Bumping chains: One bump can trigger a chain reaction where each displaced worker bumps another, until the least senior person is laid off.

Contract Variations

Your contract may specify:

• Bumping across departments or within department only
• Required qualifications to bump
• Training periods if bumping to new position
• Pay protection or reduction when bumping down

Recall Rights

How Recall Works

Union contracts typically require:

• Laid-off workers called back before new hires
• Recall by seniority (most senior first)
• Specific recall procedure (written notice required)
• Time limits to respond to recall

Recall Period

Check your contract for:

• Length of recall rights (1-5 years common)
• How recall rights can be forfeited
• What constitutes refusal of recall
• Relocation considerations

Responding to Recall

When recalled:

• Respond within the specified time period
• Declining recall may forfeit further recall rights
• You may be able to decline certain positions
• Document your response

Grievance Procedures

When to File a Grievance

File a grievance if:

• Layoffs don't follow contract seniority
• Bumping rights are denied
• Recall rights are violated
• Benefits aren't provided as contracted
• Any contract violation occurs

Grievance Process Steps

Typical union grievance procedure:

1. Informal discussion with supervisor (sometimes required)
2. File written grievance within time limit
3. First step meeting with immediate supervisor
4. Second step with higher management
5. Third step with labor relations
6. Arbitration (binding decision by neutral third party)

Time Limits Are Critical

Most contracts have strict deadlines:

• 5-30 days to file initial grievance
• Miss the deadline = waive your rights
• File early if in doubt
• Keep copies of everything

Your Union Representative

Your rep can:

• Explain your contract rights
• Accompany you to meetings
• File grievances on your behalf
• Negotiate on your behalf
• Represent you in arbitration

Always bring your rep to any discipline or layoff meeting.

Benefits During Layoff

What Your Contract May Provide

Common contractual benefits:

• Severance pay formula
• Continuation of health insurance
• Vacation pay-out
• Pension credits during layoff
• Life insurance continuation

SUB Pay (Supplemental Unemployment Benefits)

Some union contracts include:

• SUB pay on top of unemployment benefits
• Funded by employer contributions
• Brings income closer to regular wages
• Common in auto, steel, and manufacturing

Check Your Contract For

• Severance calculation (weeks per year of service)
• Healthcare continuation duration
• Who pays COBRA premiums
• Pension implications of layoff
• Continued union membership during layoff

WARN Act and Unions

Union Notice Requirements

Under the WARN Act:

• 60-day notice required for mass layoffs
• Union must receive notice (in addition to individual workers)
• Notice to union counts as notice to workers
• Failure to notify triggers penalty pay

Union's role:

• Union may negotiate extended notice
• Union may bargain over effects of layoff
• Union can challenge WARN violations

Learn more about the WARN Act →

Collective Bargaining During Layoffs

Your Union May Negotiate

Even during layoffs, unions can bargain:

• Extended notice periods
• Enhanced severance
• Job training or retraining
• Preferential hiring at other locations
• Early retirement packages
• Work sharing to avoid layoffs

Decision vs. Effects Bargaining

Employers must bargain over:

• Effects of layoffs (severance, timing, procedure) — Required
• Decision to lay off — Not always required

What You Can Advocate For

Push your union to negotiate:

• Better severance
• Extended healthcare
• Recall rights enforcement
• Job placement assistance
• Training opportunities

Working with Your Union

Stay Engaged

During layoffs:

• Attend union meetings
• Know your contract rights
• Communicate with your rep
• Support collective action
• Stay informed about bargaining

Your Rights as a Union Member

You have the right to:

• Representation in any disciplinary or investigatory meeting (Weingarten rights)
• Access to your contract and union rep
• File grievances
• Participate in union activities
• Vote on contract ratification

Unemployment Benefits for Union Members

Filing for Unemployment

Union membership doesn't change unemployment eligibility:

• You've paid into the system
• File immediately after layoff
• Report union benefits (SUB pay may affect benefits)
• Work search requirements still apply

Union Hiring Halls

If your union has a hiring hall:

• Register with the hiring hall
• This may satisfy work search requirements
• Follow hall referral procedures
• Stay in contact with hall

Reporting Union Income

Report on unemployment claims:

• SUB pay
• Severance
• Any union benefits received
• Back pay from grievance settlements

Special Situations

Contract Expiration During Layoff

If your contract expires while you're on layoff:

• Your recall rights typically continue
• Seniority rights generally preserved
• New contract may affect your rights
• Stay in contact with union

Company Closure

If company closes entirely:

• WARN Act notice required
• Final contract terms apply
• Pension rights protected by law
• May have claims against company

Acquisition or Merger

If company is acquired:

• Your contract may (or may not) transfer
• Successorship rules are complex
• Union can bargain with new employer
• Seniority may or may not carry over

Decertification

If union is decertified while you're on layoff:

• You lose recall rights under the contract
• You become at-will employee
• Previous seniority may not matter

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Key Takeaways

1. Read your contract — It's your protection
2. Seniority matters — Usually determines layoff and recall order
3. Know your bumping rights — May be able to keep working
4. File grievances promptly — Strict deadlines apply
5. Use your union rep — They're there to help you
6. Stay connected — Keep union informed of contact info
7. Understand recall rights — Don't forfeit them accidentally

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Related Resources:

• WARN Act Rights →
• Severance Negotiation →
• Unemployment Benefits →
• First 24 Hours After Layoff →