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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118268
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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First I would like to thank you for your previous helpful advice

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First I would like to thank you for your previous helpful advice from fri may 24...I am following up on my fri may 24th "I work in a hospital in ny state"
I was not sure how to add onto that with my new question so you have the back ground. I do hope you can refer to it somehow? question 1

next, I am not sure that my grievance from my old dept that the union and I sent to management on approx. april 8th, that the family rule was an improper way to lay me off after I was bumped by a sr employee during their layoff that started oct 2012 and they did bump me on feb 14,2012. I know now the union dragged their legs on this. my union organizer at the time has since been reassigned to another shop and his vp felt strongly that there had not been an issue with the family rule until the part-timer I was to then bump per my union delegate brought it up.
I have since been targeted in the registration dept I went to, until my grievance was heard an I am still WAITING for that...

the new grievance by the targeting registration dept very hostile from day one should be heard after I get all my rough draft docs finalized to union and one copy to the supervisors behind the scapegoating in current dept. I don't think I should have a meeting where these 2 grievances are heard at the same time...? question 2
also the human resource gentleman who is supposed to hear these grievances is the part of the couple that a union delegate dates and she is part of the reason for getting me out of the dept with management in my grievance with the family rule that is used loosely. So I don't believe it is in my best interest to be heard in front of him..question 3... I have a witness to their dating...conflict of interests...I hope you can follow this...the fri may 24th questions to you explain the previous situation in you have access to this?...question 4 repeated from question 1
Should I not win getting back in my old dept part-time, how do I still collect while getting a pro-bono lawyer from the state after arbitration? question 5... also how do I change my monthly unlimited ques in labor to monthly unlimited in all areas for ex: an outdated will since a 2nd child was born and it now 13. the will was done when we only had one child who is not 21...?question 6
thanks gayle
Thank you for your new questions and for asking for me.

1) On the grievance filed, you are entitled to know the status of that grievance and the union should tell you what that status would be. Also, based on the timing of the bad treatment you are receiving, you need to inform the union as this appears to be retaliation against you for filing that grievance (which can also be a part of the new grievance you file).

2) If the person hearing your grievance has a personal connection to anyone involved in your case, such as you describe, it is a conflict of interest and the union should bring this up to his supervisor to get another person to hear your case. If they do not, this is a ground to raise in your demand for arbitration and would be for the arbitrator to decide.

3) Again, if you have proof they are dating, this makes him biased and as such he should not be involved in hearing the case and it should be brought to the attention of the employer.

4) Again, if you do not win on the grievance, you would file for unemployment and then go to an appeal hearing if the employer tries to dispute your claim for benefits. As far as getting a pro bono lawyer, that is not really provided by the state, you have to go through legal aid and also contact the state bar about the pro bono programs you have in your area to find a pro bono attorney to assist you if you lose at arbitration. Up through arbitration, the union is supposed to provide an attorney to represent you.

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