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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the case of an employee who is terminated for 7 accidents

Customer Question

In the case of an employee who is terminated for 7 accidents incurred within a rolling two-year basis who worked 60-70 hours per week (versus the norm of 30-40), are you saying the best course of action is 1) petition thru the union and, if that is not fruitful, 2) file a board complaint or, finally, 3) court action (in that order)?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Because this is a dispute of good cause termination under a union contract, the ONLY recourse is following the contract's grievance/arbitration provisions. So you have to file a grievance through the union, then for arbitration and then to court if the arbitration/board decides against the employee.
The reason for this is because outside the union contract the employee's sole recourse is unemployment because without the union contract the employment would be at will and the employee could be terminated for this without any recourse legally other than unemployment benefits. So since this is a dispute under contract, you must exhaust all of the contractual administrative remedies.
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