what type of lawyer do i need if im in a union

Full Answer

Should I hire a union lawyer?

Your union may not look kindly upon your having obtained independent legal advice, and they almost certainly will not welcome the involvement of an outside party. So, if you do hire a lawyer you should consider keeping that fact to yourself at least initially. There may be very little that an outside lawyer can do to affect your situation.

Can a union member seek outside legal advice?

A union member is, of course, generally free to seek outside (independent) legal advice if he or she so chooses. However, this is a cost which will be borne entirely by that person (above and beyond payment of union dues).

What are the legal requirements for a union?

Reports: Unions are required by law to file an information report, constitution and by laws, and financial report with the Office of Labor Management Standards. Officer Elections: Union members may hold elections for candidates for office within the union. Office Removal: A union should have adequate procedure to remove elected officers.

Do I have to join a labor union?

First off, you are not legally required to join a labor union, however, if you choose to join a labor union, you will be entitled to the rights and protections of the other members. As a union member, you have a right to be represented equally and fairly as compared to the other members in the same union.

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 you fight a union?

Union members commonly file ULPs against their union because the union failed to fairly represent its members. Employees also file ULPs against union leaders for intimidation, coercion, violence, and many other labor law violations.

What type of legal entity is a union?

Unions can usefully be thought of as a corporation that has the exclusive right to sell labor to a firm.

What makes a union legal?

have a majority of workers in a bargaining unit vote for union representation. In either case, the National Labor Relations Board (NLRB) must then certify the newly formed union. Once the union is certified, the employer is legally required to bargain in good faith with the union.

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.

How do you break a union?

When employees no longer want to be represented by a union or want to replace the union with a different one, they can vote to decertify the union. The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website.

What is a sentence for labor union?

1, The group became the spearhead of the labor union movement. 2, Unlike a business corporation or labor union, a charity may not sponsor or support a political action committee. 3, He is a mere tool of the labor union. 4, Boycotted as part of a labor union action.

What do labor unions fight for?

The main purpose of labor unions is to give workers the power to negotiate for more favorable working conditions and other benefits through collective bargaining. Collective bargaining is the heart and soul of the labor union.

What do unions do for employees?

Unions build worker power by helping members stand together for better wages, fair benefits, safe and healthy workplaces, and stable work hours. Unions also help workers gain more rights and power in their workplace – and have more of a say over their working conditions – by serving as a counterbalance to management.

What are disadvantages of unions?

Here are some of the downsides of labor unions.Unions 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.

What are the pros and cons of being in a union?

Pro 1: Unions provide worker protections.Pro 2: Unions promote higher wages and better benefits. ... Pro 3: Unions are economic trend setters. ... Pro 4: Political organizing is easier. ... Con 2: Labor unions discourage individuality. ... Con 3: Unions make it harder to promote and terminate workers. ... Con 4: Unions can drive up costs.

How do you deal with a union employee?

6 Tips to Manage Employees Better in Unionized EnvironmentsTip 1: Document Everything, Even If You Think It's Not Important.Tip 2: Make Your Expectations Even More Explicit.Tip 3: Drive Employee Development Through Inquisitive Coaching.Tip 4: Bring the Elephant Out In The Open.Tip 5: Increase Feedback Rate.Tip 6.

What Rights Do I Have If I Join a Union?

First off, you are not legally required to join a labor union, however, if you choose to join a labor union, you will be entitled to the rights and protections of the other members. As a union member, you have a right to be represented equally and fairly as compared to the other members in the same union.

When unions and employers engage in wage negotiations, wage disputes may and often do occur?

Unions organize boycotts and strikes when unions and employers are unable to reach an agreement. A wage dispute may occur when national and/or state wage standards are violated or where an employer has breached contractual obligations to employees.

What are union representatives required to do?

Union representatives are required to represent employees fairly and equally, and they must enter negotiations with an employer in good faith. Unions must also follow certain rules regarding the election of officers, the disclosure of information to members, and the management of union funds. A skilled labor law attorney can work ...

What can a labor attorney do?

A skilled labor law attorney can work with a union to ensure that employers are following applicable state and federal laws and that collective bargaining agreements contain the terms that provide employees with the rights and protections they deserve.

What is lawyer assistance in employment disputes?

The laws in the United States allow employees to form unions and engage in collective bargaining with their employers. When doing so, employees have certain rights and responsibilities, and their employers must follow the rules defined in state and federal laws.

What is labor law?

While each state has its own laws defining the processes and procedures an employer must use when negotiating with unions, these laws must remain in compliance with the federal National Labor Relations Act (NLRA). Unions and labor law are overseen by the National Labor Relations Board (NLRB).

What to do if you believe your employer violated your rights?

If you believe that you are not being treated fairly and equally by a union or that your employer has violated your right to engage in collective bargaining, you should work with an experienced lawyer to determine your best options for resolving your legal disputes.

Who oversees labor law?

Unions and labor law are overseen by the National Labor Relations Board (NLRB). Depending on state laws, workers in certain industries may not have the right to organize or join a union. Collective bargaining gives employees the power to negotiate with employers as a group rather than as individuals, and a union may negotiate on workers' behalf ...

What is a CBA negotiation?

These negotiations may also address concerns related to worker safety or employers' policies. A union will typically negotiate a collective bargaining agreement (CBA) with an employer.

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.

What to do if you are dissatisfied with your union?

Ultimately, if you are dissatisfied with the representation you have been provided by your union, your remedy is to file a complaint with the provincial or federal labour relations board. This is a complaint against your union, not against your employer.

What can a union do without consent?

Some things a union is free to do on a member’s behalf – with or without consent – include deciding not to file a grievance or not to advance a grievance to arbitration, settling a grievance, pursuing a grievance even though another member may be adversely affected if the grievance is successful, and agreeing with the employer to modify the provisions of a collective agreement.

What is the role of a union in Canada?

The union’s role, and authority, is governed in B.C. by the Labour Relations Code or, in the federal context, the Canada Labour Code. The union is, in effect, your lawyer in relation to your employment. However, your union must adhere to certain rules in representing you.

What is union in employment?

Your union is your legal representative in your employment relationship. In all legal senses, it speaks on your behalf and has ultimate decision-making authority regarding matters of employment arising out of the collective agreement.

Can union members seek outside legal advice?

Union members who are unhappy with the representation they’re being provided by their union will sometimes seek outside legal advice. In doing so, they should first understand the implications of taking that step and the limited role an outside lawyer may have.

Can an outside lawyer help you?

There may be very little that an outside lawyer can do to affect your situation. While he or she can provide guidance and may be able to make some progress in advancing your cause with your union, your own lawyer has no legal “standing” in the employment relationship and so may have limited impact.

Do unions have latitude?

However, the provincial and federal labour boards give unions very wide latitude to manage their internal affairs. In my own experience, only a tiny percentage of complaints against unions by unhappy members end up being successful.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is the right of workers to bargain collectively?

Workers also have the right to bargain collectively (in other words, as a group rather than individually), through representatives of their own choosing. The NLRA prohibits employers from engaging in certain unfair labor practices that curtail employee efforts to unionize and negotiate with their employers.

How do union organizers organize?

Often, union organizers do this by asking employees to sign authorization cards, stating that they want a particular union to represent them. If enough employees sign cards, the union will file an election petition with the local office of the National Labor Relations Board (NLRB), the federal agency that enforces the NLRA.

What is unfair labor practice?

As noted above, an unfair labor practice is an act by the employer (or the union) that is prohibited by the NLRA because it impedes employee rights or gives too much power to either side. For employers, unfair labor practices include interfering with an employee’s right to organize or to join with other employees (whether in a union or not) to try to improve the terms and conditions of employment; trying to dominate a union; firing or otherwise discriminating against union members; or refusing to bargain in good faith.

How long does it take to file an unfair labor practice?

The charge must be filed within six months of the unfair practice. After a charge is filed, an NLRB investigator will investigate, by interviewing workers, union representatives, the employer, and other witnesses. It is an unfair labor practice for the employer to interfere with the investigation.

What is the NLRB bargaining unit?

The NLRB will then designate a bargaining unit: a group of employees whose jobs and concerns are similar enough that it makes sense for one union to represent all of them. After a period in which the union and the employer can present their arguments for or against unionization, the bargaining unit will vote in a secret election. If more than half of the votes are in favor of joining the union, the union becomes the certified bargaining representative of the unit, and the employer must begin collective bargaining.

What are mandatory bargaining topics?

Mandatory bargaining topics are those that the union and employer must negotiate on with each other. Employers may not take unilateral action on these matters; they must bargain with the union. These topics include:

What is collective bargaining?

Collective bargaining is the negotiation process between a union and an employer to reach a contractual agreement governing the conditions and terms of employment for union members. Both union and employer have a duty to bargain in good faith.

3 attorney answers

You need to talk to an employment lawyer in your state to look at your specific situation . A good source to find on one is the National Employment Lawyers Association ( google NELA), they have a feature on their web site to find employment lawyers that represent workers in your state. Good luck

Andres Rivera-Ortiz

It sounds like you are alleging either that the union breached its duty of fair representation to you, or possibly that both the company and the union breached provisions of the collective bargaining agreement. In any event, you are looking for a labor lawyer. You can start looking right here on avvo.

What is the duty of a union?

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. The union is required to take reasonable steps to investigate a grievance ...

What to do if union is not responding to your request?

If you feel that the union is not responding to your requests, you may be able to make suggestions to them about how to handle your claim. For instance, you can ask them to interview specific witnesses, request certain documents from the employer, and investigate the experiences of coworkers that are similar to yours.

What am I entitled to if I win my claim with the NLRB or the court?

If your claim is successful, you may get your old job back and back pay for the wages you lost (if you were terminated). You will not get money for any “pain and suffering,” distress, or inconvenience that the situation has caused you.

What happens if you believe the union intentionally mismanaged your grievance?

On the other hand, if you believe the union intentionally mismanaged your grievance because they didn’t like you or because of your race, gender, or other discriminatory reason, the union may have breached its duty of fair representation and you may have a claim.

How long do you have to file a grievance against a union?

Either way, you have 6 months from the day that you exhausted all other internal grievance procedures to file your claim. Your claim will be against the union for breaching its duty of fair representation. However, you can also bring a claim against your employer for your original grievance if the reason you did not get a satisfactory remedy was because of the union’s failure to fairly represent you. In the claim against the employer, you must first prove that your union failed to fairly represent you, regardless of whether you are also pursuing a claim against the union.

What is a discriminatory union?

discriminatory (e.g., a union refuses to pursue the grievances of all of its non-white workers); or in bad faith (e.g., a union official fails to respond to your complaint just because he/she doesn’t like you). If you feel that the union has treated you in one of these three ways and has breached its duty of fair representation, ...

Can a union be smart about grievances?

Again, probably not. The law does not require that the union be smart about the resolution of grievances. As long as they were reasonably thorough and careful, they will not have breached their duty to fairly represent you—even if the result is worse than the situation that caused you to file a grievance in the first place. On the other hand, if you believe the union intentionally mismanaged your grievance because they didn’t like you or because of your race, gender, or other discriminatory reason, the union may have breached its duty of fair representation and you may have a claim.

What are the forms of unfair labor practices?

Unfair and discriminatory labor practices against employees can take many forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, denial of leave, employer retaliation, and wage and hour violations.

Why do employers misclassify bonafide employees as contractors?

However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws. This is most commonly seen among “gig economy” workers, such as rideshare drivers and delivery drivers.

What Are Some Examples of Workplace Harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.