California Employment Law
California Employment Law Questions Answered by Legal Experts
What is your union's position on all of this at this time?
Historically, we had a little bit strong union president but he quit. The new Union president starting 2011 is not so strong because almost everybody is scared for the return about of this HR. He is a manipulator and our superintendent was even advised to retire by the board . She trusted the HR on decision making that made her ineffective.
However, the new union president and the vice president emailed me back- yesterday saying they are referring me to CTA (CA teacher's association), Ara Prigian.) The union VP has witnessed and was invited in my classroom last year, and so he said after looking into my situation, he said it is discrimination issue/ which I doubt Ara can give me a lawyer.
What can we do if the union is weak? .
Hello again Ronilo -
It does sound to me like you very well may have a discrimination claim here and if the union refuses to take up the issue and file a grievance regarding the matter, then your recourse is to file a complaint with the National Labor Relations Board -- the federal government agency that oversees unions in the US. In addition to this, it appears the federal government should be off of furlough soon because Congress signed a deal yesterday to get the government opened again. My suggestion is that you contact and file a complaint with the EEOC as soon as possible in these matters. What I am seeing is an HR department that did not want to do anything at the time the original complaint was brought -- but your dynamic has now changed because the original principal was run out of office and you have union support in these matters. Obviously, you can contact a local employment law attorney and pursue an actual discrimination claim in court, but that generally will cost you money on an hourly basis at first in order to get the matters heard before a court and most attorneys suggest that you file a complaint with the EEOC first in any event. If the EEOC finds in your favor they give you a "right to sue" finding letter that can be used against the employer in court and at that point most employers will settle the case rather than to face that finding in court. Using your union and the EEOC will not cost you anything -- but with the EEOC you must get a complaint into them within 180 days after the last adverse employment action against you (which would be a bad employment review).
Please let me know if you have any further questions.
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