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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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I was recently involved in an labor arbitration. The Companys

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I was recently involved in an labor arbitration. The Company's Attorney did not provided Union requested information in time for the arbitration. The Company's attorney stated they had ran into "regulatory hurdles" in releasing the information to the Union. At the Arbitration the Company's Attorney makes this same statement to the Arbitrator. I worked for a Government Contractor and was able to submit a FOIA for the information. In the FOIA response I received an email that clearly showed the Company's attorney made misrepresentations to the Union and to the Arbitrator concerning the information. The Union refused to make the Arbitrator aware of the misrepresentations by the Company's attorney. In the withheld information there were emails that seem to address issues that very likely could result in NLRB charges against both the Company and Union. What recourse do I have available against both attorneys the Company and the Union if my NLRB suspicions are correct?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

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, XXXXX XXXXX wish you all the best with this matter.

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Customer: replied 4 years ago.

Is the 301 suit filed in the Federal or State court system and would it be necessary for the attorney representing me need to be approved to practice in Kentucky?


A 301 is brought in federal court,and the attorney would only need to be admitted to practice in federal court in your state; not in Kentucky state courts.
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