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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19304
Experience:  Employment/Labor Law Litigation
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What is it called when a union fails to equally represent a

Customer Question

what is it called when a union fails to equally represent a union member?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
That really depends on the basis for the difference in treatment.
If there is any suggestion that race, religion, gender, age, disability or recent FMLA use played a part in the union's failure to represent equally, then it is discrimination and is handled through that avenue.
Otherwise, it is just considered breach of the union collective bargaining agreement/contract and is failure to represent. It can be handled through a National Labor Relation Board complaint or through a lawsuit for breach of that agreement with a local attorney in state court.
Customer: replied 2 years ago.
So if I call the National Labor Relation Board...I tell them I want to register a complaint against my union which is a collective bargaining entity for breech of contract to represent me? Do I have the vocabulary right?
Expert:  Allen M., Esq. replied 2 years ago.
The NLRB may represent you themselves in that matter, because it's a complaint about union activity.
If they feel there is systematic failure to represent, they may sue for you or they may just give you a report and you'll end up having to sue in state court yourself anyway.
Best to start with the NLRB though.