Suing the union

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Latest post 11-23-2014 1:58 PM by LegalSecy. 7 replies.
  • 08-23-2008 11:27 PM

    Question [=?] Suing the union

    I have huge problems with the union. The union definitely works along the employer against me, a union member who pays the dues.
    Why is so difficult to sue the union? Why the unions are so privileged? Only the facts in the last six months matter, why only six months, so the unions could do whatever they want?

    Any recommendations how to sue this union crap? I trusted the unions, but this one is 100% corrupted and against my interests. It's a shame and a disgrace!
  • 08-29-2008 1:06 PM In reply to

    • Bat
      Lawyer
    • Top 150 Contributor
    • Joined on 12-31-2002
    • IL
    • Posts 293

    re: Suing the union

    The union is there to enforce the collective bargaining agreement between the employer and the employees. It is their duty to enforce the terms and conditions of that agreement even if the result will harm one of their members. The union looks out for what is best for the membership as a whole, not based on the individual.

    The current process to sue a union would be as an unfair labor practice charge against the union. The charge is commonly known as "Failure to Represent". All unfair labor practice charges under the National Labor Relations Act have a time limit to file. The union has no special protection. If they intentionally act against you without a bonafide reason to do so, they are subject to an unfair labor practice charge.

    It is not difficult to sue the union, but it is difficult to be successful, just as it is in most law suits. Anyone can sue, but to win the lawsuit is often difficult.
  • 08-16-2013 4:58 AM In reply to

    re: Suing the union

    I sued my union and the federal judge ruled against the union, the trial against the employer is coming finally in 2014. Now, the union acts like they are going to trial but they have been ruled against. The issue now is I don't have an attorney, so the process is complicated. So, if anyone one know of a excellent employment attorney email me, thanks.

  • 11-14-2014 2:59 PM In reply to

    • ivy R
      Consumer
    • Not Ranked
    • Joined on 11-14-2014
    • CA
    • Posts 1

    re: Suing the union

    Hi Dina, 

    Just wondering if you received any replies. I'm in the same boat as you. 

    I have 4 unfair labor complaints in, which I will easily win because I have audio tapes from the government board of directors ratifying an unfair labor practice. I truly scored, on behalf of myself and other employees. A director, a government official and the agency's Chief Council, basically admitted they gave the union full authority to process every complaint from employees, even if employees want to file a complaint against the union and a department for engaging in unfair labor practices. 

    I have a tort complaint in that needs to be amended. Two EEOC and DEFH complaints in. Im not going to just "settle" and be quiet because what's happening to me is happening to a lot of people. 

    Unfortunately, as you know, it's hard to find a lawyer who does not have a conflict of interest with this type of case because when the public agency and the union are entwined in violating employee constitutional and statutory rights, both can be sued. No lawyer that I talked to can take the case.  

    Im eager to hear if you had any luck retaining council. 

    Ivy

  • 11-19-2014 11:34 AM In reply to

    Re: Suing the union

    I was wondering what happen to you about your union problems or what you did againist the union because I'm having the same issues with no represtation and my union is working with management to target me.  I know you wrote this post a while ago but I hope your are still on this site and could please give me some advice or if anyone else on here could give me some advice as what to do.  

  • 11-19-2014 11:41 AM In reply to

    re: Suing the union

    How do you go about filing a unfair labor complaint ?  My union is failing many of us with violation of not representing the people and working with management to target me and other coworkers. If you could give any advice would be much appreciated.  

  • 11-19-2014 4:16 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,170

    re: Suing the union

    The attorney who used to occasionally respond here has not responded to a post since early 2012. I suspect that s/he may have retired or took some other legal position and decided participation here was no longer appropriate in the current circumstances.

    The original post was in 2008 and the most recent post in 2013 was actually in response to a 2008 post. There was no immediateresponse to the 2013 post and I suspect the 2013 poster whose one and only post never generated a response until November of 2014 has long since moved on.

    You might be better off starting your own thread and just briefly describe the pertinent circumstances. You might get some useful suggestions. This forum is not, however, a very active one. If you are merely looking for an attorney, I would use the Find a Lawyer feature to the right.

    You should also, of course, employ other research methods for locating a suitable professional for your business that may be at your disposal.

  • 11-23-2014 1:58 PM In reply to

    re: Suing the union

    Unless you are a public employee whose union is bound by State statutes rather than Federal law, you would file an Unfair Labor Practice complaint with the regional Federal Labor Relations Authority office for your state.

    https://www.flra.gov/filing_ulp_rep

     Please note that your other remedy, if your union is not serving the membership in the way that the membership wants, is to vote the current leadership out of office.  Run for office in your Union Local yourself.  Put together a platform, a ticket and a campaign, and if the membership prefers your candidate's approach they will elect your candidate to carry out the campaign platform and promises that he or she ran on.

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