how to request a lawyer through the union hall

What's the law on union hiring halls?

 · For a low fee of $19.95* a month, you'll have access to a network of experienced attorneys, ready whenever you are. Unlimited access to legal assistance. All attorney fees are paid by the plan for covered matters*. Expert legal advice and representation, in person or by phone. Network of over 18,000 attorneys.

Can a request be to bring legal proceedings against a union?

An "exclusive" hiring hall arrangement means that the employer has agreed to hire only employees referred from a union hiring hall. You cannot be required to join a union to obtain work through an exclusive hiring hall. Under the National Labor Relations Act, employees have the legal right not to be union members. Moreover, an exclusive union ...

Can a Union provide an attorney for an officer?

Hiring Halls. In some industries, most jobs are filled through referrals from union hiring halls. Employers in the construction and maritime industries often choose to hire exclusively through referrals from union hiring halls. Unions that operate exclusive hiring halls must notify workers how the referral system works (and of any changes in ...

Do I have to join the Union to be represented?

Workers who have been sexually harassed have several options. They can file a grievance. They can contact the federal Equal Employment Opportunities Commission (contact info below). They can go to a private attorney. They do not have to wait on the union to take action. (Note that if the union fails to take action on a sexual harassment or ...

What is an exclusive hiring hall?

An "exclusive" hiring hall arrangement means that the employer has agreed to hire only employees referred from a union hiring hall.

Can you join a union to work in an exclusive hiring hall?

You cannot be required to join a union to obtain work through an exclusive hiring hall. Under the National Labor Relations Act, employees have the legal right not to be union members. Moreover, an exclusive union hiring hall cannot discriminate against employees because of their nonmembership in the union, and must apply the same non-discriminatory rules to both union members and nonmembers who seek work through the hall. However, unions sometimes discriminate against nonmembers in the operation of hiring halls, and if that discrimination is against you in making referrals from its hiring hall, you can contact us to request legal aid.

Can nonmembers be forced to pay union wages?

Whether nonmembers can be forced to pay monies to a union to obtain work through an exclusive hiring hall depends on whether you are in a Right to Work state. If you are unsure whether you are in a Right to Work state, please click here .

What happens if the union officers refuse to change the bylaws?

If the union officers refuse, then change the bylaws to require elected stewards. (You will need to see your union bylaws to find out how to do all of this.) It can be done: workers in a meatpacking plant in Washington State did exactly this, and won.

What if the employer broke the law?

What if the employer broke the law? Let’s take your example: workers are being sexually harassed. Workers who have been sexually harassed have several options. They can file a grievance. They can contact the federal Equal Employment Opportunities Commission (contact info below). They can go to a private attorney. They do not have to wait on the union to take action. (Note that if the union fails to take action on a sexual harassment or discrimination case, the union can become liable, too.) One thing to watch out for: if the employer has an internal complaint procedure to deal with sexual harassment, you should use it. If you do not, the employer may get off the hook. In any case, you should talk to an attorney.

What to do before taking job actions?

Before you take job actions, make sure you know what the risks are. Read the contract carefully: many contracts include a “no strike” clause that limits workers’ rights to take certain kinds of actions. Also, make sure you do everything as a group — lone rangers are weak. Finally, dump that chief steward.

How to change the way your employer treats you?

Bottom line: if you really want to change the way your employer treats you, filing grievances is not enough. You have to organize with your coworkers to take actions that put pressure on the company. Get together with your coworkers, in a non-work place on non- work time, and talk about what you can do to pressure management to deal with your concerns. There are many, many ways to pressure the boss — from lower risk actions like wearing buttons or stickers to the higher risk slow downs and sick outs — and you may invent new ones. Before you take job actions, make sure you know what the risks are. Read the contract carefully: many contracts include a “no strike” clause that limits workers’ rights to take certain kinds of actions. Also, make sure you do everything as a group — lone rangers are weak.

What happens when an employer breaks the law?

However, in some cases, even when the employer breaks the law, government agencies or judges may insist that you handle the problem first through the grievance procedure. The National Labor Relations Board, for example, “defers” charges to the grievance procedure and seldom challenges the result.

How to get your coworkers to get organized?

There are exceptions to this, but bottom line: you and your coworkers have to get organized. First, sit down with a few coworkers and sort out the different problems you have. Some are violations of the contract, some are unfair or unjust acts, some are violations of the law, and some are just things you don’t want the employer to do. ...

Can you file a grievance without a union representative?

You may be able to file grievances as an individual or a group of workers — even up to step two or three of the procedure — without the union representative. This can give you a way to get in front of the boss and let him or her know how you feel about the problem and what you want them to do about it.

Why can't unions refuse to carry on grievances?

The union cannot refuse to carry on an employee’s grievance because of any sort of personal disagreement, or based on any discriminatory characteristics. The unions cannot be dishonest with their members, or act in ways that unfairly go against their members’ interests.

What is the duty of unions?

Duty of Fair Representation. While employees are obligated to resolve problems through their union first, unions have a duty under the law to represent employees fairly. In legal terms, unions cannot act in a way that is arbitrary, discriminatory, or in bad faith.

Do unionized employees have to consult with their union?

Before proceeding with any sort of legal remedy, a unionized employee must first consult with their union, but should also broach the issue with their employer, where applicable. The employer is still responsible for the workplace, and if they can remedy the situation simply then it may remove the need for legal proceedings.

What is a collective bargaining agreement?

A collective bargaining agreement is a contract that an employee makes with their union that the union will represent them, so it is the employee’s responsibility to honour this contract and approach the union first.

What is the difference between privatized and unionized?

While privatized employees are generally thought to be protected under the law and their employment contract, unionized employees have the added protection of a union going to bat for them.

Can a unionized employee file a claim under OHSA?

A unionized employee subject to such harassment may be able to make a claim under OHSA if the employer does not deal thoroughly with such treatment through their internal policies. Additionally, unionized workplaces are still subject to human rights legislation, such as Ontario’s Human Rights Code (the “Code”).

What are the duties of a union after a union is chosen?

After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision's effects on unit employees.

How long does it take to pay union dues?

The NLRA allows employers and unions to enter into union-security agreements, which require all employees in a bargaining unit to become union members and begin paying union dues and fees within 30 days of being hired .

What is the duty to bargain in good faith?

The duty to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement. This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.

What happens if an agency finds that an impasse was not reached?

If the Agency finds that impasse was not reached, the employer will be asked to return to the bargaining table. In an extreme case, the NLRB may seek a federal court order to force the employer to bargain.

Is it unfair to refuse to bargain collectively?

It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions .

What is the purpose of questioning employees about their union sympathies or activities?

Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act . Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks, ...

What are some examples of employer conduct that violates the law?

Examples of employer conduct that violates the law: Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity. Threatening to close the plant if employees select a union to represent them. Questioning employees about their union sympathies or activities in circumstances ...

What is a trusteeship investigation?

Trusteeship investigations are conducted upon receipt of a complaint.

Who enforces the LMRDA?

OLMS has the authority to enforce certain provisions of the LMRDA. However, some provisions of the LMRDA such as the Bill of Rights and the fiduciary standards for union officers can only be enforced by union members through a private suit in Federal district court. See the OLMS Interpretative Manual Enforcement section.

Is the union the victim of a civil or criminal violation?

Unfortunately, civil and criminal violations do sometimes occur and when they do, the union is typically the victim. The Office of Labor-Management Standards (OLMS) administers provisions of the Labor-Management Reporting and Disclosure Act (LMRDA), which promotes labor-management transparency by making available reports showing unions’ financial ...

Can LMRDA be enforced?

Additionally, the LMRDA and CSRA establish a Bill of Rights for union members. The Bill of Rights for LMRDA-covered unions can only be enforced by union members through a private suit in Federal district court, while Federal sector union members can bring a complaint to OLMS .

What happens if you are not a member of the union?

If you are not a member, then the union will represent you without your voting.

What does it mean to be a union representative?

It means you are choosing the union to act as your representative. A union may submit these cards to PERB, and based on a card check and not an election, become your exclusive representative if it obtains a majority of signed authorization cards.

Can you sign an authorization card if you are not in favor of union?

You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You may also choose not to sign an authorization card if you are not in favor of it. If there is an election, you can vote for union representation or you can vote against it.

How much of the union must collect authorization cards?

It can also happen by a vote. In order for a vote to happen, the union will have to collect authorization cards from at least 30% of the bargaining unit.

How to contact UCOP?

Below are some common questions that employees have asked concerning the representation process and its implications. If you have additional questions: 1 speak with your manager 2 contact UC Merced’s Labor and Employee Relations at (209) 228-8247 3 call the UCOP Office of Labor Relations at (510) 987-9900

Can you vote against union representation?

If there is an election, you can vote for union representation or you can vote against it.

Which court of appeals ruled that union officers must pay legal fees?

The U.S. Circuit Court of Appeals, Eight h Circuit, on the other hand, in affirming the lower court decision requiring union officers to pay legal fees incurred by certain union members in maintaining a law suit which had been authorized by a vote of the membership, took the contrary view. See Nelson v.

Who was the counsel for the Local Union Reunification Committee?

Ratner, retained as counsel to a dissident faction of union members—the Local Union Reunification Committee (LURC)—successfully pursued several court actions on their behalf. These actions ultimately led to a court-ordered convention, reorganization of the union, ouster of top International officers (the president, the secretary, and three vice presidents–all of whom were later convicted and sentenced on embezzlement and/or conspiracy charges), and the subsequent election of LURC backers to top offices in the union. At that convention it was decided that the LURC should be dissolved, that the International should become plaintiff in what had been a class action, and that Ratner be retained as counsel. However, the union declared that it would not accept the responsibility for LURC counsel fees “unless and until ordered by a court to do so.”

Can a labor union officer be incarcerated?

A labor organization officer convicted of a crime under a Federal or State statute, and actually incarcerated as a result thereof, is subject to the ban on holding union office if the crime of which he is convicted requires as an essential element thereof any of the crimes enumerated in section 504 (a).

Can a union pay a surety?

A union is precluded from either depositing its own funds with a surety to pay 1osses or indemnifying a surety for losses sustained under a bond. Irrespective of the method used, self-insurance of union funds, either in whole or in part, fails to comply with the requirements of section 502 of the LMRDA.

Who is not required to be bonded by section 502?

An employer who checks off union dues is not required to be bonded by section 502. Section 502 applies only to an “officer, agent, shop steward or other representative” or to an “employee” of a labor organization or of a trust in which a labor organization is interested.

Can unions be sued for state law?

As the following case demonstrates, union officers, employees and other representatives can also be sued for state law claims in state court: Gilbert and others sued in Oregon State court alleging union officers’ disregard of union procedures in the conduct of elections and misuse of union funds. The union defended that Gilbert and the others had not secured the permission of the court to bring suit as required under section 501 (b). The Oregon Supreme Court, in affirming the judgment of the lower court, ruled that section 501 (b) is not an exclusive remedy; existing remedies are preserved by section 604 and that the Oregon State courts would have always entertained suits of this type, without the need for granting the permission referred to in the LMRDA. The lower court had appointed a CPA firm to report on union finances quarterly for period of one year and to supervise the impending election and report the results to the court.

Can a union member bring a breach of fiduciary duty claim in federal court?

Section 501 (b) itself provides that union members can bring claims for breach of fiduciary responsibility in federal district court or “in any State court of competent jurisdiction.” However, a defendant to such a claim may remove the case to federal court. See Clinton v. Hueston, 308 F.2d 908, 51 LRRM 2273 (5th Cir. 1962).

Does TDU have a copy of the contract?

TDU has fought over the years to expand these rights and win new ones, like the right to majority rule on our contracts. TDU also helps Teamsters to make use of these legal rights. You have a right to a copy of the contract that covers your employment. Normally you just ask your steward or business agent for a copy.

Can TDU provide a sample letter?

TDU can provide a sample letter. You also have a right to any supplements, riders, letters of understanding, or side agreements. Your written request should ask specifically for these as well. Even if you work under a national contract, it is the local union which must provide you with a copy.

Do local unions have to have bylaws?

All locals are required to have bylaws which govern their operations, and which detail how stewards are chosen, how officers’ salaries are determined, and how members can amend the bylaws. Members have a right to copies of the International Constitution and their local bylaws. TDU can provide a sample letter to local unions requesting these ...

Do you have to wait until you are nominated to do mailings?

You do not have to wait until you are nominated to do such mailings; they may be done by any declared candidate, even months before nominations. Mailing labels are generally provided to a mailing house, or are handled by volunteers or union staff. Canadian Teamsters.

Can you access your union membership list?

While members ordinarily cannot have copies of or access to the membership list, there are two circumstances in which some access is allowed: During elections, candidates for local union office have the right to review the unions membership list within 30 days of the ballots being mailed or cast.

Can a local union use an excuse?

Your local union cannot use the excuse, its not printed yet. They must provide you with a photocopy of what they have. You also have the right to examine all the contracts that your local union has on file (not just with your employer), at the union hall. Constitution and Bylaws. All locals are required to have bylaws which govern their operations, ...

Is ERISA enforceable in federal court?

This right is enforceable in federal court. Benefit Funds. Under a separate law, called ERISA, health and welfare and pension funds must provide financial information to any beneficiaries, so you can evaluate their strength and security.

Understanding Laws For Unionized Workers

See more on tailorlaw.com

Unions vs. Privatized Employees

Laws That Still Apply

Dutyof Fair Representation