If your union is not willing to help you fight your right to termination or discrimination, you may still be able to take legal action. You may be able to file a cease and dese with a cease and other action, even if you lose your complaint in a union arbitration proceeding. This is because union complaints are governed by the trade union contract (CBA). Howevrer, your right to be free from discrimination, retaliation, etc., is governed by another regulation – state and federal laws such as feha (Employment and Hosing Act), ADA (Americans With Disabilities Act), California Labor Code and other government and federal laws. Workers represented by a union are protected from unfair treatment by an employer who violates the terms of employment set out in the collective agreement (CBA). Read the progressive discipline section carefully. You can file a charge of improper termination if your employer illegally terminated your employment or violated your union`s collective agreement as part of a disciplinary proceeding. Getting kicked out of union work should not be taken lightly. According to the Massachusetts Nurses Association (MNA), union employees can only be dismissed for a “just cause.” Acts such as theft from the company, sexual harassment of employees or means of exploitation during drunkenness can only induce an employer to dismiss a union or union employee. However, any disciplinary action should be conducted in a fair, impartial manner and in accordance with the law and written disciplinary procedures. 4.
Fair investigation. Was the investigation fair and objective? The employer must conduct a fair and timely investigation. It must ensure the worker`s rights to due process and union representation. The investigation must be objective and without prior decision. Unlike non-unionized workers who work as an employer wants, union workers have collective bargaining when an employer takes disciplinary action. Union employees who are no longer tested cannot be arbitrarily dismissed for no reason. Irregular dismissal may be grounds for filing a complaint, a human rights appeal or legal action. The above information is very useful in situations where the employer plays gotcha with a worker and tries to get rid of a worker for a petty reason, if the real reason for dismissal is illegal discrimination. Here`s a common example: Suppose you`ve been a mechanic in the company for 10 years. You have done a good job and achieved good results. They were injured on the job, applied for workers and went to the FMLA or some other type of medical or disability leave.
Shortly after your return, the employer began to micromanad you and observe each step. Then you make a mistake – you break a tool or you make a small voice at a colleague`s, or you are 10 minutes late for your work. Representatives of the Union and management will meet to try to resolve this issue. In the event of a deadlock, a neutral third party can act as an arbitrator and make a decision. According to the International Brotherhood of Teamsters, the clear violations of the collective agreement are the easiest to resolve. Explain the steps you have taken to address the performance issues you brought to your attention prior to termination. Identify the cure you`ve been looking for. B, for example, the reinstatement of the position and the reassignment to another superior. 7.
Appropriate discipline/penalty. Was the sentence reasonably related to the seriousness of the offence and the record of the past? The degree of discipline must be related to the severity of the injury. For example, an employee generally cannot be fired due to an isolated delay. The mitigating circumstances must be taken into account, as well as the employee`s balance sheet to date. The concept of “progressive discipline” is recognized as an integral part of the just cause.