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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111490
Experience:  20+ Years of Employment Law Experience
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I am a civilian division of police employee. I am a data

Customer Question

I am a civilian division of police employee. I am a data conversion operator. The Cleveland Division of Police has since Sept. installed a new data system, which house some major illegal flaws, when it comes to State and National requirements. I am a Union Steward. I have written several Form-1's (our formal in house communication tool), and has spoken to all OIC's necessary to be clear of the O.R.C.4113.52, and all others that pertain to the same. The problem has not been fixed and i have been separated from "population," placed in a "required to work in a diminished capacity, no Union representation other than myself, my cell phone taken without a warrant, kept for 6 days, all emails reviewed without my consent from the date of surrender, (01162016-01222016), and forced to work in the "lounge," which is actually a makeshift area off the toilet. That is where i have to take my meals and all this is while other employees using the facility for the toilet portion, approximately 7 to 10 feet from where I render my duties. On the date of 01 26 2016, I reported to work at 2300 hours, and the temperature was very cold, and I had to do the scheduled work in that condition until my extremities suffered severe pain from the exposure! There have been no formal charges filed, and there is no end in sight. There is also an ongoing outstanding agreement, Arbitrated 01 23 2015, for which I have not been paid. This is due to similar circumstances surrounding the work that I do. The City of Cleveland trumped up charges against me and even put me in jail, with no merit to those charges. They did not fulfill their obligation in that situation! There has been ongoing retaliation since that time. Violations of the contract between the City of Cleveland and AFSCME has gone on with no urgency with the union! Therefore since they are paid to represent me, they are at fault as well. Thank you
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As a union employee why has the union not taken this matter up on a grievance and to arbitration? Have you spoken to the Union attorney directly about this situation yet?
What is your question for us about this situation?
Customer: replied 10 months ago.
The Union has been inadequate in providing me with assistance. Our representatives are in collusion with the Company. I have never been afforded information about a Union attorney, and I have asked both verbally and in writing. At the arbitration hearing, an attorney for the Union was not present, only the President and a staff representative. Regarding my current situation, I need an attorney. Based on what you are reading now, and my previously typed details on the situation I am facing, which is only the tip of the iceberg; how do I proceed?I want the arbitration agreement paid yesterday! I want the harassment of me to stop last week! I want my good name restored last year! I want to sue the Company for the creation of a hostile work environment for me, professional bullying, defamation of character, and for retaliation because I exposed the inadequacies of the new data system. I wish to sue the Union for lack of representation. How do I go about the above?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If the union is failing to represent you, then your next step is to send them a letter informing them they are denying you adequate representation to put them on notice that you are going to proceed to get outside legal assistance at their expense. You also need to inform them that you will file a complaint with the state labor relations board regarding their refusal to provide you proper representation as is part of your union contract with them.
Putting them on notice then gives you the right to seek payment for your outside attorney, since by law they are the sole arbitrator of disputes with management.
You need to next engage a local labor law attorney to represent you on this matter and pursue a claim to the labor relations board against the union and the employer and they will also need to file a motion to enforce the arbitration agreement in the court where the court can order the employer to honor your arbitration agreement and you can also add in a claim for retaliation for the actions they are taking against you now for exercising your rights against them.
These are the steps you need to take and you are going to have to pursue both management and the union to the labor board for unfair labor practices and to the court for enforcement of your labor arbitration agreement.