[NY] [NY] Can I legally enforce union rights after my employer denied me contractual rights?
Location: Williamsville, NY
Household Size: 2 (supports grandmother)
Annual Income: ~$50,000
Transfer Timeline:
• May 26, 2025 – Began new position (effective date of appointment)
• June 6, 2025 – Requested return to prior position (within 30-day trial period, per Article 41, Section 5)
• June 12, 2025 – Told to reapply; did so and was denied
• June 17, 2025 – HR verbally denied return request and refused to confirm denial in writing
• June 18, 2025 – Union rep stated they could not help due to different tax IDs between VNA and current department
Relevant Contract Clause:
“An employee who is the successful bidder and fails to perform satisfactorily in the position, or chooses to return to the former position, shall be returned to the former position provided the employee makes such request within thirty (30) calendar days from the effective date of appointment to the new position.”
Key Issues:
Violation of CBA — Requested return within 30 days but was denied.
Lack of Documentation — HR refused written confirmation.
Union Refusal — Claimed different tax IDs nullify return rights.
Retaliation Concerns — Possible bad-faith avoidance of contractual obligations.
Goal:
To enforce contractual return rights under Article 41 and challenge denial of reinstatement.
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I can appreciate how frustrating and unfair this feels—especially when you followed the collective bargaining agreement and your employer seems to be dodging responsibility.
From what you’ve described, your employer is ignoring Article 41, Section 5, which clearly gives you the right to return within 30 days. Your request was timely, and being told to “reapply” instead is a direct violation. HR’s refusal to confirm in writing suggests they’re avoiding documentation that could expose their breach.
The union’s “different tax ID” excuse doesn’t hold up under labor law—technicalities like that rarely override contractual rights, especially if both departments operate under the same employer umbrella.
You should consider:
- Filing a formal grievance demanding reinstatement under Article 41 (NLRA §7 (29 U.S.C. § 157)).
- If the union refuses, filing an unfair labor practice charge with the NLRB for employer breach and union failure of duty of fair representation (NLRA §8(a) (29 U.S.C. § 158(a)).
- Sending a written demand to HR requesting reinstatement and written confirmation of denial.
Consulting an experienced labor attorney, even briefly, can help you formalize these steps and ensure Kaleida and the union are both held accountable.
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Location: Williamsville, NY
Household Size: 2 (supports grandmother)
Annual Income: ~$50,000
Transfer Timeline:
• May 26, 2025 – Began new position (effective date of appointment)
• June 6, 2025 – Requested return to prior position (within 30-day trial period, per Article 41, Section 5)
• June 12, 2025 – Told to reapply; did so and was denied
• June 17, 2025 – HR verbally denied return request and refused to confirm denial in writing
• June 18, 2025 – Union rep stated they could not help due to different tax IDs between VNA and current department
Relevant Contract Clause:
“An employee who is the successful bidder and fails to perform satisfactorily in the position, or chooses to return to the former position, shall be returned to the former position provided the employee makes such request within thirty (30) calendar days from the effective date of appointment to the new position.”
Key Issues:
- Violation of CBA — Requested return within 30 days but was denied.
- Lack of Documentation — HR refused written confirmation.
- Union Refusal — Claimed different tax IDs nullify return rights.
- Retaliation Concerns — Possible bad-faith avoidance of contractual obligations.
Goal:
To enforce contractual return rights under Article 41 and challenge denial of reinstatement.
I understand the situation with your employer denying your request to return to your prior position within the 30-day trial period. Have you taken any steps to address this internally?
Yes, both of them.
Can you provide details about HR’s reasons for denying your request?
They said that my contract doesn’t have to be honored.
Is there anything else the employment lawyer should know?
Yes.
I can appreciate how frustrating and unfair this feels—especially when you followed the collective bargaining agreement and your employer seems to be dodging responsibility.
From what you’ve described, your employer is ignoring Article 41, Section 5, which clearly gives you the right to return within 30 days. Your request was timely, and being told to “reapply” instead is a direct violation. HR’s refusal to confirm in writing suggests they’re avoiding documentation that could expose their breach.
The union’s “different tax ID” excuse doesn’t hold up under labor law—technicalities like that rarely override contractual rights, especially if both departments operate under the same employer umbrella.
You should consider:
- Filing a formal grievance demanding reinstatement under Article 41 (NLRA §7 (29 U.S.C. § 157)).
- If the union refuses, filing an unfair labor practice charge with the NLRB for employer breach and union failure of duty of fair representation (NLRA §8(a) (29 U.S.C. § 158(a)).
- Sending a written demand to HR requesting reinstatement and written confirmation of denial.
Consulting an experienced labor attorney, even briefly, can help you formalize these steps and ensure Kaleida and the union are both held accountable.
So I’m not crazy? I’m mildly autistic and thought I misunderstood the rules… I’ve been losing my mind every night because I can’t afford an attorney, but I saw this site on a Bruce Rivers video and thought I’d try.
Alyssa, you are absolutely not crazy. You’ve done everything right. What’s happening is incredibly frustrating and unfair. It’s understandable you’re mentally exhausted—your employer and union seem to be stonewalling you, which can feel like gaslighting.
You’re following the contract and standing up for your rights, and that takes strength. Keep documenting everything and insist your union fulfills its duty. Also, look into free or low-cost labor legal aid or advocacy groups—many help in cases like yours.
Is it a bad idea to email the NLRB just to see what they say? I don’t want to file anything yet—just see.
That’s actually a smart idea. The NLRB often provides general guidance without requiring a formal filing. You can ask about procedures, evidence needed, and whether your case qualifies—all without triggering an investigation.
Just make clear that you’re seeking information, not filing a complaint. Keep notes of who you speak with and what they say. It’s a smart, low-risk way to learn your options.
Thank you… I’ve been losing my mind. I’m getting physically and mentally unwell—it feels like they’re trying to push me to quit, like they did to another pharmacist before I left. VNA has a pattern of this—refusing ADA accommodations and pushing people out. I think they fear me as a law nerd and an autist.
You’re very welcome, Alyssa. I’m so sorry you’re going through this. It sounds like a toxic and discriminatory environment, and your instincts are probably right—they may be targeting you because you know your rights. Stay strong and keep every record you can. You have every right to protect yourself and demand fairness.
Angelo M
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