how do you fight a union that says nothing to grieve?
retail grocery-front end manager-in union-8 years-union book says cannot demote without just cause-they tranfered and demoted me- in title -not salary-they say i have nothing to grieve and its not a demotion and i can get no information on any proceedings
1 answer | asked Aug 28, 2001 11:50 PM [EST] | applies to New York
Answers (1)
Duty of Fair Representation
Because you work for a retail grocery, I assume you work in the private sector. THis is important because it related to the statute of limitations on duty of fair representation claims. In the private sector, the statute of limitations is short -- I don't recall exactly what it is, either 4 or 6 months. If you were a public sector employee (other than federal service), the statute of limitations would be six years.
Now, a union has a duty to represent you fairly, and, if the union fails in that duty, you can sue the union. But, the union has a lot of discretion in deciding what battles it will fight for its members. Generally, to win a duty of fair representation case, you have to show that the union was arbitrary and capricious in refusing to handle your grievance. That is a very tough standard of proof. In that your salary was not reduced, you might have a very hard time of succeeding on a claim against the union. Further, even if you could prove the union was wrong in not pursuing your grievance, you might not have any damages. In other words, if we assume you could win you suit, you might end up with nothing. So, a claim against the union might be worth your time or effort.
If there is something more to this whole situation, it might be worthwhile calling me to discuss it.
posted by David M. Lira | Aug 29, 2001 3:32 PM [EST]
Because you work for a retail grocery, I assume you work in the private sector. THis is important because it related to the statute of limitations on duty of fair representation claims. In the private sector, the statute of limitations is short -- I don't recall exactly what it is, either 4 or 6 months. If you were a public sector employee (other than federal service), the statute of limitations would be six years.
Now, a union has a duty to represent you fairly, and, if the union fails in that duty, you can sue the union. But, the union has a lot of discretion in deciding what battles it will fight for its members. Generally, to win a duty of fair representation case, you have to show that the union was arbitrary and capricious in refusing to handle your grievance. That is a very tough standard of proof. In that your salary was not reduced, you might have a very hard time of succeeding on a claim against the union. Further, even if you could prove the union was wrong in not pursuing your grievance, you might not have any damages. In other words, if we assume you could win you suit, you might end up with nothing. So, a claim against the union might be worth your time or effort.
If there is something more to this whole situation, it might be worthwhile calling me to discuss it.
posted by David M. Lira | Aug 29, 2001 3:32 PM [EST]
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