QUESTION
I WAS FIRED IN JUNE 2009 AND FILED A GRIEVANCE..THEY CLAIM I NEVER PURSED IT AFTER 1ST LEVEL..I WANT TO SUE THE UNION THAT REPRESENTED ME
Asked on Nov 23rd, 2011 on Labor and Employment - Pennsylvania
More details to this question:
I HAVE BEEN WITH MY COMPANY FOR 16 OUT OF THE LAST 20YEARS,,,I PAID UNION DUES EVERY WEEK...THE COMPANY FIRED ME AND I FILLED OUT A GRIEVANCE...IT WAS REJECTED AT FIRST LEVEL, SO I WAITED TO BE CONTACTED, THE UNION SENT IT TO THE WRONG ADDRESS AND THEY GOT THE NOTICE BACK BUT THEY NEVER CONTACTED ME...I HAVE KNOWN IT TO TAKE YEARS FOR TERMINATED EMPLOYEES TO BACK WITH THE COMPANY SO I DIDN''T THINK THAT IT WAS UNUSUAL FOR THEM (THE UNION) TO NOT CONTACT ME....I FINALLY HEARD OF SOME EMPLOYEES GETTING THEIR JOBS BACK SO I INQUIRED AND HE TOLD ME IT WAS.......TOO LATE????
1 ANSWER
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Under the law your union has a duty to fairly represent you regarding your grievances, etc. Most labor agreements have terms which prohibit employees from pursuing grievances after a certain period of time (specified in the dispute resolution procedures in the contract). If you filed the grievance within the required time, and your union failed to pursue your grievance within the time periods specified in your contract, you might have a claim that your union did not fairly represent you as required. I suggest you contact an experienced labor lawyer in your area and discuss the situation with him or her to determine your rights.
Answered on Nov 28th, 2011 at 2:05 PM