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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116144
Experience:  20+ Years of Employment Law Experience
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Im a 204b which is like a supervisor for the postal service,

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I'm a 204b which is like a supervisor for the postal service, when i was recently taken into the office by the union shop steward for an interview, and was told this is a grevience for retaliation, she proceeded to ask questions like did i have any management help with my transfer, did i know any management in pahrump prior to my transfer, did i know i was going to be a 204b or supervisor when i transfered, do i have any connections in vegas, did i have any sick leave, what was my annual lleave balance, i've only been here since sept.2010 thats four months now, i dont feel she has the right to do this just because she is the union shop steward any information would be appreciated. thank you
Submitted: 6 years ago via EmployeeIssues.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 years ago.
You had a right not to answer any of these questions and should have notified management that the union was trying to interview you without a management representative present. As soon as possible you need to notify management of this interrogation by the union and the possibility a grievance may be filed.

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Customer: replied 6 years ago.
management was there, it caught me off guard, i did not know my rights, if i had a little more time maybe i would of checked on that, shouldnt the union steward tell me if i had the right to answer or not, i was getting ready to leave for the day so it caught me off guard
Expert:  Law Educator, Esq. replied 6 years ago.
If management was present then under the labor law that is all that was required. You do have the obligation to answer all questions directly related to your employment and cannot refuse to do so, thus, if you answered them you did what you were supposed to do. If there were any problems with them questioning you, it was up to management to object under the terms of the contract.
Customer: replied 6 years ago.
i was already working for the post office for 13 years, this was a transfer from one state to another. i was also informed that she sent paperwork to hire people saying that a supervisor and i were related. were both hispanic and were not related
Expert:  Law Educator, Esq. replied 6 years ago.
I understand and the union has a right to investigate these matters. As long as management was present this is permissible. If they made a known false statement about you in the paperwork and you suffer some type of financial loss from it, then you could sue her for libel/defamation, but if they merely investigate and find no violations, then they have a right to file a grievance and have it investigated (welcome to the wonderful world of unions and union rights).
Customer: replied 6 years ago.
are you saying thats not discriminating to say that because were both hispanic were related
Expert:  Law Educator, Esq. replied 6 years ago.
I did not make any comment on whether or not it was discriminatory and it is a very close call as to whether or not it is discriminatory based on national origin. It may be discriminatory if you can show the ONLY reason for the complaint was your national origin and it may be they automatically presumed relationship based only on your national origin and if this is the case, then you have to file a complaint with the EEOC against the union first and they have to make the determination before you could sue in court.
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