Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I work in a union shop. A coworker has repeatedly made offensive

I work in a union...
I work in a union shop. A coworker has repeatedly made offensive statements like, "I see the devil in your eyes". Since I am an espoused Christian there, that is highly offensive. She has also discriminately rejected some of my work (she is in the final inspection department) in an unprecedented way. This has resulted in disciplinary action from management on my behalf and has drastically affected my lifestyle. I have taken pictures of work from other employees which have the same issues that I was disciplined for, then showed them to management, and nothing was done. They also were not rejected by her. I also told them what she has been saying to me and they said they could do nothing about it. Other people are afraid to stand up to her do to her influence on the management staff but I am tired of it. I filed a grievance with the union regarding the discriminatory discipline toward myself then I got put onto swingshift the very next day which is retaliatory. Is there any legal action I can take?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 27 minutes by:
10/10/2013
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,880
Experience: Exclusively practice labor and employment law.
Verified
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about your treatment on the job.

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 and right to be treated without discrimination- along with a right to be heard. You'll need to file a second grievance (or an amendment of your first grievance) for being retaliated against in the filing of your first grievance. Likewise, if the grievance is rejected, you can request your union file arbitration for you.

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 http://www.nlrb.gov/what-we-do/investigate-charges 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 by treating you unfairly in the discipline) and the Union (because it did not properly and fairly 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, XXXXX XXXXX wish you all the best with this matter.



John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,880
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,880
5,880 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,880 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My fiance was a victim of discrimination at work. It was
My fiance was a victim of discrimination at work. It was heard by multiple people and the the company has refused to reprimand the coworker responsible. Multiple statements were taken and HR has refus… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it harassment and discrimination when a woman verbally
Is it harassment and discrimination when a woman verbally attacks another woman and their supervisor says "She doesn't play well with other women."? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Can a state university discriminate against a female full
can a state university discriminate against a female full professor by paying her 20% less than their male full professors with similar experience and qualifications and/or in making class assignments… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
I received a Settlement for age discrimination in the amount
I received a Settlement for age discrimination in the amount of $35,000 less taxes so my net was $30,404.50 My former employer sent me a W2 instead of a 1099. So now it looks like wages earned. I have… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
I'm wondering what the labor laws are regarding lunch hour
Hi, I'm wondering what the labor laws are regarding lunch hour deductions. Our employees punch in and out and at times they forget to punch out for lunches that they are scheduled for and have taken. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
984 satisfied customers
Does the Labor Management Reporting and Discloser Act cover
Hello Does the Labor Management Reporting and Discloser Act cover public employees such as NY state troopers, if it does not could you please guide me in the right direction for a cause of action I co… read more
John
John
Employment Lawyer
5,880 satisfied customers
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
984 satisfied customers
Need to discuss a discrimination issue. Looking for a
need to discuss a discrimination issue. Looking for a colorado lawyer that can protect my interest with a hospital in Pueblo Colorado … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just had a case I filed with the NLB for unfair labor
I just had a case I filed with the NLB for unfair labor practices if I was denied by then and there appeals court what are my next steps to going after my union for unfair labor practices by not repre… read more
John
John
Employment Lawyer
5,880 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
I filed charges against my union with NLRB. the regional dir
I filed charges against my union with NLRB. the regional dir made a decision that I disagreed with and filed appeal with the general council. That appeal was denied as well. all my evidence shows unfa… read more
John
John
Employment Lawyer
5,880 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Well, My company threatened to take disciplinary action and
Well, My company threatened to take disciplinary action and terminate my employment by performing my job. I'm a safety professional by career and represent a client for safety. The threat came based o… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x