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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I work in a union shop. A coworker has repeatedly made offensive

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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?
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.



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