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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4885
Experience:  Extensive experience representing employees and management
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Our union is refusing to certify stewards in our bargaining

Resolved Question:

Our union is refusing to certify stewards in our bargaining unit. They have placed a moratorium on certification for our unit only and people in the process are being told, they will have to start the process over when the union decides to start certifying more stewards within our unit. they are however certifying stewards in other units. how do we get them to complete and certify the stewards in training and begin training of new stewards?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

What is the reason being given for the union refusing to certify stewards in your unit while certifying stewards in other units, or has such a question been made to the union?

Customer: replied 1 year ago.

 


We did ask what the reason was and their response was: We just aren't right now.


 


They did not give us any time parameters when they would but said there is a time limit for start of training to cetification

Expert:  Joseph replied 1 year ago.
Do you have any reason to believe that the union is intentionally treating your bargaining unit differently than others in putting a moritorium of certification?

Have they provided a reason why they are still allowing the certification of stewards in other units?
Customer: replied 1 year ago.
Our general belief based on the last year's interaction is that they are trying to pick and choose stewards based on the unions agenda. And if stewards are showing signs of being free thinkers they are blocking their certification. This has happened to approximately four of our members in the past year. Others they have told they would have to use their own benefit time to get trained, a departure from past procedures.
Expert:  Joseph replied 1 year ago.
If you believe that the union is discriminating against stewards based on who won't or will support the union agenda (and is against free thinkers) you have two primary options.

You can circulate a petition that you want a vote on the current training and certification process for union stewards, to give more power to bargaining units in ensuring that they have appropriate representation in the union. You could petition that there be proportional representation for the bargaining units to ensure that each one has fair representation and prevent them from blocking the certification of your bargaining unit members.

The other option is to file an unfair labor practices complaint against the union with the National Labor Relations Board that they are infringing on your bargaining unit's member's rights under the National Labor Relations Act in preventing the certification of stewards from particular bargaining units, and in turn, not providing fair and equal representation to all union members.

If you are interested in pursuing the second option, you can file an investigative charge with the National Labor Relations Board by contacting your regional office of the National Labor Relations Board here:

http://www.nlrb.gov/who-we-are/regional-offices

Although this may be an unpleasent path to take, it may be necessary one in order to ensure that their is fair and proportionate representation and that there are at least some stewards who can provide dissenting opinions to the union's current direction. (Even if the NLRB doesn't prosecute the unfair labor practices, the beginning of an investigation could prompt the union leadership to take proactive measures to ensure they are not investigated or charged in the future, including allowing members from your bargaining unit to be certified as stewards again).


I hope the above information is helpful.

Please let me know if you have any follow up questions.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4885
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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