the right to have a lawyer when you are a union member

If you are a union member, you have a right to have union representation at any interview or meeting that could lead to disciplinary action against you. The Supreme Court case of National Labor Relations Board v.

Full Answer

Do I need a lawyer if I am a union member?

ANSWER: This is one of those rare circumstances where you have the right, even though you are a union member, to hire a lawyer to represent you. Don’t bother with a complaint to the Ministry of Labour that the union is not fairly representing you, those complaints are mostly a waste of time.

What are my rights as a union member?

Officer Removal - Local union members have the right to an adequate procedure for the removal of an elected officer guilty of serious misconduct. Trusteeships - Unions may only be placed in trusteeship by a parent body for the reasons specified in the LMRDA.

Who hires the lawyer who represents the Union?

Usually the officials of a union will hire the lawyer who represents the union. Depending on its size a union might employ more than one lawyer, perhaps one or more for special situations, e.g. to represent the union in a lawsuit, and another to handle its routine legal affairs.

How many labor relations lawyers does a union need?

Depending on its size a union might employ more than one lawyer, perhaps one or more for special situations, e.g. to represent the union in a lawsuit, and another to handle its routine legal affairs. If you should need to hire a labor relations lawyer, you want one who is experienced and specialized in that area of the law.

What are your union rights?

You have the right to form, join or assist a union. You have the right to organize a union to negotiate with your employer over your terms and conditions of employment.

What are the ethical duties that the union owes to its members?

A union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker's grievance or when negotiating a new contract with the employer.

What protection does a union offer?

Unions help protect employees from unjust dismissal through collective bargaining agreements (CBA). Because of this, most union employees cannot be fired without "just cause." This is unlike many nonunion workers who are considered "at-will" employees and can be fired at any time for almost any reason.

Can a union protect you from being fired?

If you are covered by a union contract, you are probably protected from being fired without a good reason. If you are fired, and you believe there is not sufficient cause for your discharge, you should request the union to file a “grievance” on your behalf against the employer.

Can I take my union to court?

You might be able to take your trade union to court, eg for breach of contract if it breaks its own rules. You should seek legal advice before you do this. You can't complain to the Certification Officer and the courts about the same problem.

How do I fight my union?

To file a complaint, contact the regional NLRB office nearest you. File an NLRB Form 508 - Charge Against Labor Organization or its Agents.

What are the 7 rights of workers?

Employee rights fall under seven categories: 1) union activity, i.e., the right to organize and to bargain collectively; 2) working hours and minimum pay; 3) equal compensation for men and women doing the same or similar work for the same employer; 4) safety and health protection in the work environment and related ...

How do you discipline a union employee?

The Stages of progressive discipline are Oral Warning, Written Warning, Suspension, and Termination. A second question of proportionality is the question of the seriousness of the incident and the seriousness of the punishment. record and length of service will get a similar punishment for a similar cause.

What are the disadvantages of being in a union?

Cons of UnionsUnions do not provide representation for free. Unions aren't free. ... Unions may pit workers against companies. ... Union decisions may not always align with individual workers' wishes. ... Unions can discourage individuality. ... Unions can cause businesses to have to increase prices.

Can unionized employees sue for wrongful dismissal?

You can sue for wrongful termination if you are in a union, because the Fair Employment and Housing Act is an exception to most collective bargaining agreements.

Is it hard to fire a union employee?

In a unionized environment, firing a union employee is rare, unless their conduct is egregious. Steps of progressive disciplinary action include oral notice of concerns, written warning, letter of expectation, mandatory corrective action plan and formal letters of reprimand prior to the actual termination.

Can a union fire a manager?

It's rare that the employer will fire a boss because the union demands it. Most likely, someone different will handle the grievance procedure for a while, or the situation may improve over time. Leave management room to save face.

What rights do union members have?

Union members have: equal rights to participate in union activities. freedom of speech and assembly. voice in setting rates of dues, fees, and assessments. protection of the right to sue. safeguards against improper discipline.

What are the benefits of joining a union?

So, what are the perks of joining a union? For one, if you are having a problem with your employer, union representatives can provide advice, support and representation. You can also look forward to medical insurance, paid vacation, holidays, personal holidays, sick pay, overtime premiums, and shift differentials, to say the least. And let's not forget all the addendum benefits such as enhanced training opportunities and even some specialized insurance deals.

What are the duties of a union officer?

Being a union officer comes with an array of responsibilities to your members. These duties include: 1 Financial Safeguards: Such as fiscal responsibility and managing the funds and property of the union solely for the benefit of the union and its members in accordance with the union's constitution and bylaws. 2 Bonding: If your union funds or property exceed $5,000, a union officer or employee who handles those funds must be fully bonded to protect from loss. 3 Reporting: Union officers must file an initial information report and annual financial reports. Additionally, the report records must be maintained for a minimum of five years.

How long do union officers have to file annual reports?

Additionally, the report records must be maintained for a minimum of five years.

How often do unions have to vote?

Title IV of the Landrum-Griffin Act spells out the rules and procedures for union elections which must occur every three years.

What is the Landrum-Griffin Act?

The Landrum-Griffin Act is a key measure that was passed in 1959 as a way to protect unoin members. Also known as the the Labor-Management Reporting and Disclosure Act (LMRDA), the Act guarantees certain rights to union members and imposes certain responsibilities on union officers. There are over 60 national and international unions operating in both the U.S. and Canada.

What are the rights of union members?

Bill of Rights - Union members have: 1 equal rights to participate in union activities 2 freedom of speech and assembly 3 voice in setting rates of dues, fees, and assessments 4 protection of the right to sue 5 safeguards against improper discipline

What are the responsibilities of a union officer?

Financial Safeguards - Union officers have a duty to manage the funds and property of the union solely for the benefit of the union and its members in accordance with the union's constitution and bylaws. Union officers or employees who embezzle or steal union funds or other assets commit a Federal crime punishable by ...

How often do unions hold elections?

hold elections of officers of local unions by secret ballot at least every three years.

How long do union officers have to keep records?

retain the records necessary to verify the reports for at least five years. Officer Reports - Union officers and employees must file reports concerning any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions.

How long can a candidate inspect a union membership list?

permit candidates to have election observers. allow candidates to inspect the union's membership list once within 30 days prior to the election. Restrictions on Holding Office - A person convicted of certain crimes may not serve as a union officer, employee, or other representative of a union for up to 13 years.

How long do you have to mail a notice of election?

mail a notice of election to every member at least 15 days prior to the election. comply with a candidate's request to distribute campaign material. not use union funds or resources to promote any candidate (nor may employer funds or resources be used). permit candidates to have election observers.

Who has the right to inspect a copy of a collective bargaining agreement?

Copies of Collective Bargaining Agreements - Union members and nonunion employees have the right to receive or inspect copies of collective bargaining agreements.

How do unions protect their members?

Unions have several tools to protect their representatives. For example, unions can provide access to defensive measures such as a letter-writing campaign, may have experience with the application of MOUs and protections that may be afforded therein, and, of course, deny management’s access to labor services. However, as some union representatives and members are painfully aware, what the union should do and what the union actually does is not always in sync. Concerted action by union members for another union member may require authority to do so under the MOU between the union and the agency, the cooperation of many union members and, sometimes, it simply is not practical to resort to large-scale action against the agency.

What is the likelihood of acceptance of a particular employment?

The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the member.

Is a union rep free?

Alternatively, the cost of a union rep is free.

When do unions seek out labor lawyers?

Unions also typically seek out union labor law attorneys when facing employer downsizing, employer relocations or closings, and bankruptcies. Find the Right Labor Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

Who does a union hire?

Usually the officials of a union will hire the lawyer who represents the union. Depending on its size a union might employ more than one lawyer, perhaps one or more for special situations, e.g. to represent the union in a lawsuit, and another to handle its routine legal affairs.

What is the purpose of the National Labor Relations Act?

Further, the National Labor Relations Act (NLRA) also regulates what activities a union can use to persuade the employer to give them certain collective employment conditions. These activities include strikes, lock-outs, and picketing.

What is collective bargaining agreement?

When the employer and union conclude their negotiations, a “collective bargaining agreement” is the result. It is binding on both the employer and the employees and determines pay scales and other terms of employment..

When a union is certified by the vote of the workers in a particular place of employment, what is the answer?

When a union is certified by the vote of the workers in a particular place of employment, the NLRA imposes a duty on both employer and union to engage in “good faith” collective bargaining over the future terms and conditions of employment. Collective bargaining happens when employers and unionized employees meet and negotiate about the terms and conditions of employment in the employer’s business.

Why do people join a labor union?

A labor union is an association of workers in a specific trade or company, organized to protect and further the rights and interests of the employees. These employees have similar ideas as to how their workplace conditions should improve, and they unite as a union because they believe these needs will be better met if the employer is approached as ...

What can a business do in response to union organization in its business?

One thing a business can do in response to union organization in its business is close down entirely. This is allowed even if the closure happens only in response to the certification of a union and for no other reason.

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 .

Why is it important to bargain in good faith?

The additional requirement to bargain in "good faith" was incorporated to ensure that a party did not come to the bargaining table and simply go through the motions. There are objective criteria that the NLRB will review to determine if the parties are honoring their obligation to bargain in good faith, such as whether the party is willing to meet at reasonable times and intervals and whether the party is represented by someone who has the authority to make decisions at the table.

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 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 is the National Labor Relations Act?

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

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, ...