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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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I just had a case I filed with the NLB for unfair labor

Customer Question

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 representing me in a case against the company that fired me for medical reasons
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was a casual
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the company actually accuse me of being on drugs without ever performing the drug test or anything like that and it's against their Union contract to just a request me to go to rehab before the hire me again even after I try to explain to him I had ADHD and I've had it my whole life that I just quit drinking and I had heard on some other medicine again it was prescribed by the doctor
Submitted: 1 month ago.
Category: Employment Law
Expert:  John replied 1 month ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 1 month ago.

If you charge is dismissed by the regional director, you can ask the NLRB General Counsel to reconsider. There is no right to appeal the NLRB's dismissal of an unfair labor practice charge.

If it is the case that General Counsel dismisses your charge, your only option is to file a claim under the LMRA section 301 in federal court alleging the employer or union did not follow the CBA...i.e., they breached the contract in some manner not subject to either the mandatory dispute arbitration process or NLRA jurisdiction. You have to hire your own attorney for this.

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 (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 1 month ago.

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