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I am a union employee with the culinary union 226, in las vegas

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I am a union employee with the culinary union 226, in las vegas nevada. I was terminated from Wynn Las Vegas because of progressive discipline. I received three written warnings, and I filed a grievence with the union on the last two that I received, the third one was over a year ago and is now off my record. During the grievence process I met with human resources management, my union grievence specialist, my shop steward, and the management of the restaurant I work in. The two cases was heard, and it was determined that I was not at fault. So, I should have no disciplinary written warnings on my file, and should be working. However my employer still considers me terminated, and I am being stonewalled by the union as far as what steps they are taking in this matter. So, my question is, from a legal standpoint, what recourse do I have against the union, and Wynn Las Vegas?
Submitted: 5 years ago.
Category: Employment Law
Expert:  socrateaser replied 5 years ago.

If your termination does not comply with the grievance process agreed to in the Union's collective bargaining agreement with the employer, then you can sue the union for breach of implied covenant of good faith for failing to support your rights, and you can sue the employer for breach of contract for the termination itself.

 

However, you may find it easier to start with a complaint to the NLRB. You would have to show that your termination has clearly violated the union contract and that the union seems to be helping the employer, rather than you.

 

If they won't get involved, then you'll need an employment rights lawyer. See: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=NV and www.martindale.com.

 

Hope this helps.

 

 

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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 34665
Experience: Retired (mostly)
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