DearCustomer

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

As you are in the Union, you MUST seek proper representation from you Union to fight on your behalf. Look at your union agreement as to what your Union is obligated to do for you - hopefully it is required to stand in, either with a represenative for you or an attorney. First, it must be determined if your were fairly suspended under your union contract. It must also be determined if your suspension amounts to an unjustified Termination in breach of the union contract. If you have possession of the documents defining your rights as a union member, look for terms defining if and when vacation pay is forfeited (if every) and if suspension can suffice. Usually progressive discipline procedures involve having the employee sign such documents, not in agreement with the discipline but in acknowledgment of having notice of same - if your signature is not on these documents that the company is trying to assert against you - you may have a basis to urge that these records are fraudulent OR that you were simply never given notice of any problem. Because this is a very fact specific matter, a full review of all employee/employer and union documents really must be had - your union should have a duty to represent you to at least determine if the suspection and/or termination was kosher under the contract. If it is not determined to be kosher, than the union should be further representing your rights in securing your employment back. If your union is failing to represent you based on your contract (this is what you pay for in dues), then you will need to go further - i.e. consult with a union experienced labor attorney in your jurisdiction who can obtain discovery on your behalf and determine which of your rights have been violated with regard to the above possibilities.

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Sincerely,

Stephanie Joy

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

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