How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116816
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am a Longshoreman Mechanic with the ILWU local 13. 24 Men

This answer was rated:

I am a Longshoreman Mechanic with the ILWU local 13. 24 Men were laid off from a "steady" position. 18 were laid off correctly in order per the collective bargaining contract, with union approval Days later 6 of us were cherry picked and laid off out of order without union approval. I was at the top of the 24 laid off in regards ***** ***** there are 20 something men that are still working that had less seniority than I. Is there any legal options I have to fight this?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: The Union was all up in arm, pounding there chest when it first happened, I and filed a complaint collectively for the 6 of us. I realize now that was all for show, as it know has been swept under the carpet. I believe I was the only one of the 6 that filed my own complaint agenst the company, at the same time the company filed 22 complaints against me. 13 years I went from 0 to 22 complaints. Days following communicating through the Labor Relationship Committee Rep., the company offered to remove the 22 complaints against me if I removed the 1 complaint on them, as I would be deregister for life with 22 complaints.
JA: Anything else you want the lawyer to know before I connect you?
Customer: my favorite color is blue and I know my social security number by heart ;)
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, you need to file a grievance if there terminations were contrary to the terms of the contract. If you can show that they are retaliating against you because of the complaints you filed by filing retaliatory complaints against you, that is another basis for you to argue that the termination is not only a breach of contract but retaliatory for your union activity. You have to follow the grievance/arbitration process before going to the National Labor Relations Board of the state labor board, but based on everything you describe it sounds as though you do have grounds to pursue the employer for the breach of contract and or retaliatory discharge.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 8 months ago.
where are you located and are you interested in working with me on this?
Customer: replied 8 months ago.
I got a request for a phone call, at this time I'm declined, but would be interested in paying for further services should you be interested in working with me on this and think I have grounds for legal action.
Thank you for your reply.
I apologize for the inconvenience, the experts do not send out those requests, they are sent out by the site and the experts are not employees of this site, but independent users like you are.
I am afraid that state law forbids any attorney on this site from taking any clients from this site (it is something we had to give up to be able to provide pure information to customers who otherwise could find themselves without access to such unbiased information).
You can get a local attorney who handles labor cases from the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
However, before you do so, you still need to got through the union as they are the sole bargaining entity between the employee and management. So before you can hire a local attorney the union has to refuse you any representation, which would be a breach of their contract with the employee and grounds for a complaint to the labor board for unfair labor practice against the union.
Customer: replied 8 months ago.
I had tentivly agreed to take the deal but have been expecting to get something in writing regarding the deal of them droping the 22 complaints if I drop my 1. I have not signed anything and it looks like they will not be providing that in writing. However I have not got a status update recently but I believe the collective complaint for the 6 of us is still not resolved. Can I file a second complaint, and if they try to refile on the 22 on me will that be an obvious retaliation to my complaint. And should I modify my first complaint somehow in order to make it different from the first one?
Thank you for your reply.
If they are retaliating against you for making your complaint, that is a separate complaint completely from your original complaint, so I would file that separately.
Customer: replied 8 months ago.
at this point I believe my original solo complaint against the company has been removed and the 22 have been removed from me. The 22 complaints were all for time missed right at that specific time, as I was dealing with buying a house and a bs legal issue. I kept my lead men informed every day, I was never a no show, I have all the text messages to prove that. Every complaint they filed on me is for the same thing, that I called in 15 minutes before my shift not giving them enough time to order a replacement out of the labor hall I don't know what exactly the contract states in regard to calling out, but that has defiantly been status quo across the boards and has been acceptable from me and others in the past and I have never received a right up before. It's obvious they are strong arming me. How can they go 0 to 22 complaints without any sort of notification for complaint number 1. One of the lead men once told me he hopes 6 people call out every day as it was getting so slow that it was becoming hard for him to find work for everybody everyday.
Thank you for your reply.
Like I said, the complaints are retaliatory, it seems pretty apparent, so you could add a retaliation complaint to your grievance, since they cannot retaliate you for making union complaints.
Law Educator, Esq. and 2 other Employment Law Specialists are ready to help you