Union said it will not represent me at panel

[cb1969]

If they unlawfully terminate you fight in everyway possible and leave no stone unturned. In the future just count to 10 look at them like they are the dumbest people on earth and just repeat Shop Steward, Shop Steward, Shop Steward and nothing else to them. Then explain everything to the shop steward privately and let him or her do all the talking to management....

 

[Gotout]

If the union won't represent you then I suggest you get a lawyer if you can afford one. It is what you pay union dues for. Unless your threatening to do bodily harm to someone then I don't understand.

Take a good look at a grievance form. When you file a grievance you are consenting to allowing it to be handled as the local sees fit. He is not "failing to represent you". He has done so already. He's just not taking it to the panel.

Also, most labor lawyers would not take this case because even if you win, there's no payoff for the to take a slice of.

But why listen to me, I GotOut

 

[Jkloc420]

Take a good look at a grievance form. When you file a grievance you are consenting to allowing it to be handled as the local sees fit. He is not "failing to represent you". He has done so already. He's just not taking it to the panel.

Also, most labor lawyers would not take this case because even if you win, there's no payoff for the to take a slice of.

But why listen to me, I GotOut

You can always get a lawyer to get your job back if the union fails to do so. How does ups justify keeping one employee with the same infractions over another employee with the same infractions. That alone is unjust in itself, not to mention the people who fire are the same people who are hearing the case on the panel. Anytime they don't get your job back it is a failure of representation. You pay the lawyer to represent you, that is their payoff. That is why ups gets sued by people they fire and the union don't get their job back.

 

[clean hairy]

Take a good look at a grievance form. When you file a grievance you are consenting to allowing it to be handled as the local sees fit. He is not "failing to represent you". He has done so already. He's just not taking it to the panel.

Also, most labor lawyers would not take this case because even if you win, there's no payoff for the to take a slice of.

But why listen to me, I GotOut

Could be a Labor Attorney would take a case like this Pro Bono as a resume builder.
They win, they can add UPS as a Co. that they fought and won.
Could help them get other cases against Big Business.

 

[BigUnionGuy]

not to mention the people who fire are the same people who are hearing the case on the panel.

Nope.

Who told you that ?

Anytime they don't get your job back it is a failure of representation.

"Have you had an opportunity to present any and all evidence on your behalf ?

And, has your Local Union properly represented you ?"


There is a reason every Panel always asks these 2 questions.... Last.... on a discharge.


What you have heard, is misconception or hearsay.



-Bug-

 

[251]

When you file a grievance, the grievance becomes the property of the Union. The Union representatives and officers alone make the determination whether the grievance has the merit to advance from one step to the next including taking it to Panel or Arbitration. You do not have the right to force your Union to arbitrate a grievance. You DO, however, have the right to file a DFR (Duty of Fair Representation) charge against your representative with the NLRB and have them investigate the Unions actions and reasons for not pursuing your case.

Now, as a Business Agent, I can tell you that if your rep decided not take a case to arbitration, there is most likely a VERY good reason for it. I have done the exact same thing. I informed the member that my decision was final, and if they did not agree with it they should file a DFR (Duty of Fair Representation) charge with the NLRB. They did exactly that, and the NLRB decided against the members claim.

 

[Dark_Team_135]

Nope.

Who told you that ?





"Have you had an opportunity to present any and all evidence on your behalf ?

And, has your Local Union properly represented you ?"


There is a reason every Panel always asks these 2 questions.... Last.... on a discharge.


What you have heard, is misconception or hearsay.



-Bug-

So I guess you should always answer "NO" to these questions? I remember answering "NO" to the first question during my discharge case. I should have answered the same way for the second question, but considering that Union officials that were buddies of my BA were sitting on the panel, I didn't think that would be a good idea...

 

[PiedmontSteward]

When you file a grievance, the grievance becomes the property of the Union. The Union representatives and officers alone make the determination whether the grievance has the merit to advance from one step to the next including taking it to Panel or Arbitration. You do not have the right to force your Union to arbitrate a grievance. You DO, however, have the right to file a DFR (Duty of Fair Representation) charge against your representative with the NLRB and have them investigate the Unions actions and reasons for not pursuing your case.

Now, as a Business Agent, I can tell you that if your rep decided not take a case to arbitration, there is most likely a VERY good reason for it. I have done the exact same thing. I informed the member that my decision was final, and if they did not agree with it they should file a DFR (Duty of Fair Representation) charge with the NLRB. They did exactly that, and the NLRB decided against the members claim.

Your statement here is absolutely correct. The key, though, is for the representative to be honest with the member at every step of the process.

Telling someone "what they don't want to hear" is one of the hardest things about defending someone.

 

[251]

Telling someone "what they don't want to hear" is one of the hardest things about defending someone.

Truer words have not been posted on these forums, brother. It's even harder when the person you are counseling refuses to listen, or thinks you are out to screw them somehow. The latter actually breaks my heart.

The attitude I have always taken is that I'd rather they hate me for the truth than love me for a lie. There's no better feeling than telling someone what they want to hear, and there is no bigger deception than fabricating it.

 

[Inthegame]

Truer words have not been posted on these forums, brother. It's even harder when the person you are counseling refuses to listen, or thinks you are out to screw them somehow. The latter actually breaks my heart.

The attitude I have always taken is that I'd rather they hate me for the truth than love me for a lie. There's no better feeling than telling someone what they want to hear, and there is no bigger deception than fabricating it.

You're learning well grasshopper.