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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a Bus Technician working for Los Angeles Metro, Im employed

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I am a Bus Technician working for Los Angeles Metro, I'm employed under a CBA with the Amalgimated Transit Union, local 1277. I opt out of the ATU-MTA health fund. The pay me $100.00 a month for opting out. The last contract negotiated by the parties had all but a pittance of the increased compensation agreed to by the parties applied to the increased cost of health insurance. Health insurance represents about 20% of MTA's payroll. I received no benefit from the new CBA because neither MTA or the Union represented the interests of the opt-out employees. Since I can't represent my self in these matters, Shouldn't my interests and those of all the other opt-out employees had a voice in the negotiations?
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Yes, your interests (along with the other opt out employees) definitely should have a voice in these negotiations.

In fact, if you and other employees are not receiving a voice in the negotiations, you may have a claim against the union for unfair labor practices for failure to represent the interests of all union employees. You can and should file a charge with the National Labor Relations Board on behalf of yourself and other opt-out employees, since your appeals appear to be falling on deaf ears.

You can file a charge with the National Labor Relations Board at your regional office, which you can find here:

The National Labor Relations Board will investigate your charge and will hold hearings if it finds sufficient evidence to substantiate an unfair labor practices charge against the union and the MTA for failing to allow any voice for you or any of the other opt out employees in the negotiations.

Since my goal is to provide you with the best service this evening, please don't hesitate to ask me any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 4 years ago.

What area of law should an attorney specialize in to represent my case? Is there a way to send to you my prior correspondence to the MTA and ATU for your review and guidance?

Hello Rudy,

You would want a plaintiff's employment lawyer with at least some background in labor law, or a union lawyer who specializes in representing employees (not management).

Yes, you can send me your prior correspondence (either by attaching it through the paper clip icon or sending it to customer service, who will forward it to me). If you do, I would need some more specific inquiries or questions from you to answer, rather than reviewing it and guidance (especially the latter, since that would be entering into the legal representation realm).

Anyway, the first step you should take before trying to find an attorney to represent you is to file an investigative charge with the National Labor Relations Board (as it appears you have exhausted all administrative remedies at your disposal).
Customer: replied 4 years ago.

Do you know of any specific laws or regulations I can read to become more informed in this specific area? BTW thanks so far!

Yes, this is a good guide from the National Labor Relations Board:

I suggest the section on employee representatives as it is especially relevant to your issues.

The section on the act's enforcement would also be useful.

Hope that helps!
Hello Rudy,

Were you able to send the correspondence to customer service or did you want to try attaching it here?

If you don't have any further questions or need any additional information, please remember to rate my answer positively so I get credit for my work.

If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!

Thanks and best of luck!
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