Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Thank you for the information and your question. Whether or not you have a right to have the information removed is entirely dependent on the language of your bargaining agreement and whether or not your union can present a case in your grievance to support your contention that you didn't cause the damage. In other words, absent a bargaining agreement violation by your employer, there would be no right to have the red mark removed from your record and any lost wages restored. That is because non-union employees have no right to those actions.
However, since you are in a union, then if your employer has violated the BA and you and your union can establish that, you may very well be entitled to the wage and benefits concessions you are seeking. If you lose your grievance, then you will have to follow the appeal steps in the BA, which, I assume is demanding arbitration. That is your recourse and whatever is decided in arbitration will stand.
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