Table of Contents
- 1 How do you remove someone from a union?
- 2 Can you criticize your union?
- 3 Can you sue your union for harassment?
- 4 How do I fight my union?
- 5 Can I sue my union for misrepresentation?
- 6 Can you get fired for trying to unionize?
- 7 How do I complain about a union representative?
- 8 What to do if the Union is not responding to you?
- 9 When does an employee have a right to seek union representation?
- 10 What should I do if a union rep harasses me?
How do you remove someone from 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.
Can you criticize your union?
You have a right to be represented by your union fairly, in good faith, and without discrimination. For example, a union that represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union.
Can you be kicked out of your union?
Union members have the right to resign from formal membership at any time. However, dues deduction authorizations may limit when they can be revoked. Unions are legally required to represent nonmember employees the same as members, but unfortunately this duty is often breached.
Can you sue your union for harassment?
If a union fails to represent a worker due to prejudice, or hostility, the union can be sued. The idea of failure to represent includes failing to properly investigate a grievance, process a grievance, or in some cases, even to arbitrate a grievance.
How do I fight my union?
To file a ULP against a union, a union member must fill out NLRB Form 508. Be advised that the NLRB doesn’t have jurisdiction to investigate all unfair employment issues. The NLRB will investigate the allegations and either dismiss the case, seek a settlement from the union, or issue a formal complaint.
Can I sue my union for discrimination?
Labor unions cannot discriminate in any capacity, including when representing employees in collective bargaining. If your labor union has discriminated against you on the basis of your race, religion, sex, age, or disability, you can sue the labor union for discrimination.
Can I sue my union for misrepresentation?
According to the National Labor Relations Act, every employee has the right to join a union. Members can sue the union for misrepresentation if they believe that it failed to fulfill its legal duty of fair representation.
Can you get fired for trying to unionize?
Legally you cannot be fired for union organizing. If an employer does so, they have violated Section 8 of the National Labor Relations Act (“NLRA”) because they have discriminated against you for exercising your Section 7 rights under the NLRA. However, this does not stop employers from terminating union organizers.
What is a union grievance?
A grievance is an employee complaint that the employer violated the worker’s rights under the law, pursuant to a contract, or as set forth in the employer’s workplace policies and procedures. In a union workplace, a grievance generally involves the employer’s breach of the terms of the collective bargaining agreement.
How do I complain about a union representative?
Complain to your trade union first
- Your trade union will have a complaints procedure. Use this to try and resolve the problem before taking it to the Certification Officer.
- You can take your complaint further if you’ve been through all the steps in your trade union’s complaints procedure and you’re still not satisfied.
What to do if the Union is not responding to you?
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.
Can an employee be called in for a meeting without a union?
When an employee is called in for a meeting without a union representative, the employee should ask whether it is about anything that could possibly lead to discipline. If the employer responds in the affirmative or responds in a way that allows for the possibility of discipline resulting,…
When does an employee have a right to seek union representation?
An employee has a right to seek union representation upon realizing during the course of an investigation that he is not a mere witness but the target of an investigation, even though the request was not made at the inception of the interview.
What should I do if a union rep harasses me?
Whether you’re a union member being harassed by a union local representative or a nonunion employee who feels harassed by a union rep who’s trying to organize your workplace, you can either ignore the harassment and hope it goes away or file a complaint. Union reps can be persistent, although they don’t always resort to harassment.