How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4986
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am a Bus Technician working for Los Angeles Metro, Im employed

Resolved Question:

I am a Bus Technician working for Los Angeles Metro, I'm employed under a CBA with the Amalgimated Transit Union, local 1277. I opt out of the ATU-MTA health fund. The pay me $100.00 a month for opting out. The last contract negotiated by the parties had all but a pittance of the increased compensation agreed to by the parties applied to the increased cost of health insurance. Health insurance represents about 20% of MTA's payroll. I received no benefit from the new CBA because neither MTA or the Union represented the interests of the opt-out employees. Since I can't represent my self in these matters, Shouldn't my interests and those of all the other opt-out employees had a voice in the negotiations?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

Yes, your interests (along with the other opt out employees) definitely should have a voice in these negotiations.

In fact, if you and other employees are not receiving a voice in the negotiations, you may have a claim against the union for unfair labor practices for failure to represent the interests of all union employees. You can and should file a charge with the National Labor Relations Board on behalf of yourself and other opt-out employees, since your appeals appear to be falling on deaf ears.

You can file a charge with the National Labor Relations Board at your regional office, which you can find here:

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

The National Labor Relations Board will investigate your charge and will hold hearings if it finds sufficient evidence to substantiate an unfair labor practices charge against the union and the MTA for failing to allow any voice for you or any of the other opt out employees in the negotiations.

Since my goal is to provide you with the best service this evening, please don't hesitate to ask me any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 1 year ago.

What area of law should an attorney specialize in to represent my case? Is there a way to send to you my prior correspondence to the MTA and ATU for your review and guidance?

Expert:  Joseph replied 1 year ago.
Hello Rudy,

You would want a plaintiff's employment lawyer with at least some background in labor law, or a union lawyer who specializes in representing employees (not management).

Yes, you can send me your prior correspondence (either by attaching it through the paper clip icon or sending it to customer service, who will forward it to me). If you do, I would need some more specific inquiries or questions from you to answer, rather than reviewing it and guidance (especially the latter, since that would be entering into the legal representation realm).

Anyway, the first step you should take before trying to find an attorney to represent you is to file an investigative charge with the National Labor Relations Board (as it appears you have exhausted all administrative remedies at your disposal).
Customer: replied 1 year ago.


Do you know of any specific laws or regulations I can read to become more informed in this specific area? BTW thanks so far!

Expert:  Joseph replied 1 year ago.
Yes, this is a good guide from the National Labor Relations Board:

http://www.nlrb.gov/sites/default/files/documents/224/basicguide.pdf

I suggest the section on employee representatives as it is especially relevant to your issues.

The section on the act's enforcement would also be useful.

Hope that helps!
Expert:  Joseph replied 1 year ago.
Hello Rudy,

Were you able to send the correspondence to customer service or did you want to try attaching it here?

If you don't have any further questions or need any additional information, please remember to rate my answer positively so I get credit for my work.

If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4986
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.