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John, Attorney
Category: Legal
Satisfied Customers: 4466
Experience:  Licensed and practicing attorney.
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I am a union welder and am currently working a shut down. Myself

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I am a union welder and am currently working a shut down. Myself along with five other welders were working in raining and wet conditions and worked till lunch yesterday. All six of us have not missed any time or days up to this time. Upon getting back to the hotel room I received a call telling me that I, along with the other five men will not be needed this weekend (as scheduled.) My complaint is that there were other employees that missed work and earlied out and are being allowed to work this weekend. Would this be concidered discrimination? The contractor that I am working for is 100% union employer if that matters.

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 being treated disparately in comparison to other employees where there was no contractual justification for the same - 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 such practices and make the employees being treated less favorably whole for their losses of pay.

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 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, and I wish you all the best with this matter.

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