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What are the responsibilties of a union with regard to an employee that was terminated? Is there anything stated in California law about the responsibilities?
State/Country relating to Question: California Already Tried: Reading the contract. Googling state law and federal law.
Thanks for your question. The union contract here controls.You may well have union rights here for appeal in this matter.This should be controlled by the terms of the contract and not law here.If you feel that there was disparate treatment then you can file with EEOC.Also and if you want to file wrongful termination here you would need to obtain a lawyer to do so.These are your remedies available to you.
Thank you Ray. I was terminated in October of 2005. It has been in "the process" since that time. I feel that the union has NEVER been on my side, to the point that they allowed me to be in the initial meeting, with a union rep, for 40 minutes, while the oppoisition grilled me about an issue I was not privy to beforehand. It was only after the union received the paperwork from my employer that they stated, "oh, it looks like you will be getting your job back". The one who okayed the termination, was the one who reviewed her ok to terminate at the first step. I was turned into my professional licensure board, 6 months after my termination by the one who terminated me, only to be found innocent of the charges. (Smacks of Harassment to me.) The labor manager was awaiting the determination of the board until my union pressured him to answering, one year later. My contract does state that the union must be the sole representation of me during this long and arduous process. They seem to be going into this final stage with minimal requests for me. I feel I have been grossly misrepresented in this process.
Well you should certianly communicate with them here and address what your expectations are of them in writing so that they can't say you didn't communicate or raise issues here.I do hope it turns out well for you in the end and you get your job back.
Thank you. I have already been doing these things....everything is in writing. After a while, I had determined that having proof of what was said on both sides was my best best. I have inches of e-mail written proof. I feel like I have two opponents, the employer and the union. The union is going into the final step with minimal expectations, and I really feel they have never listened to me at all over these arduous years, even with paperwork proof provided by the employer. I don't think they will even bring my requests into the meeting to negotiate prior to arbitration. They are looking at job back only. My hope is that the union will NOT support me with the step of arbitration, and then, and only then, can I finally step out of this dreadful contract language and get my attorney onto them. One more question. Can I sue the union for misreprentation?
Yiou might well have such a claim here especially if there are moreerrors along the way here.To me they have not to date stepped to the plate and agrressively represented you.I do hope they do a better job here at arbitration.I am sorry that you have had to go through all of this.It certainly ahs been an ordeal to say the least,
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25 years in civil, criminal, family, probate, elder issues, and administrative law