Employment Law Questions? Ask an Employment Lawyer.
I am a union employee and have been with my employer seven and a half years. About March 2013 management started taking my job duties away from me and gave them to a non-union employee in my department. My job performance reviews have been excellent and my work was not taken away because of inability to perform it. I am the only employee with this job title in my work group. After taking the work away from me that I was hired to do, I was given work that doesn't fall under my job description but rather falls under the job description of another union represented job of the same grade in my work group of which there are about ten employees; however, I was not given the job title to go along with the new work I was given. I have been doing that work since March of 2013 and I have been told by management that I am performing well. At the end of July, 2013, I was notified my job was being eliminated. If I had been given the job title for the new work I was given to do, I would have seniority over some of these ten other employees and would not be losing my job. My last day as an employee of this company is 9/27/13. Do I have a winning EEOC or other complaint against my employer?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
Because you are a union member, you have all the rights under the collective bargaining agreement to "just cause" in your employment - this means a fair and accurate investigation and procedure - along with a right to be heard. Also, you need to file a grievance against the company for your your loss of job duties to a non-union employee - you have the absolute right to do that. Likewise, if the grievance is rejected, you can request your union file arbitration for you. At arbitration you'd get a hearing from an impartial arbitrator who would probably rule that the employer has to stop allowing non-union employees to do bargaining unit work. If the union ultimately fails to do these things for you - there are two courses of action you can take -1) is to file an unfair labor practice against the union for failure to represent you. These are free of charge and you can follow the process at this link http://www.nlrb.gov/what-we-do/investigate-charges 2) is to file a Section 301 Labor Management Relations Act (LMRA) claim against both the employer and union in federal court. With the Section 301 claim you would indeed have to hire your own attorney in the 301 claim you are essentially suing the employer (because it violated the collective bargaining agreement) and the Union (because it did not properly represent you).
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
John, thank you for your prompt reply! I edited my question a few times after I initially submitted it. I hope you read my question after I finished editing it and I hope my editing wouldn't materially change your response. You have given me valuable information that I can act upon and I will come Monday. You have given me hope and I will sleep better this weekend.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).