Legal Question in Employment Law in California

I filed a grievance through my union for termination. Instead of going through arbitration we went through a "labor/management committe". Per their decision, they decided that the company had "just cause" for termination. Per the evidence submitted by the employer I advised my union rep that I was written up using an "FMLA" day. He didn't really push the issue and I lost. Is there something that I can do? Per our contract the decision is "final and binding"?


Asked on 11/16/09, 3:43 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you were terminated for a reason that may be addressed under the union contract, then you are bound by the rules of the collective bargaining agreement and the decision is final and binding. If, however, you were fired for a reason not covered by the collective bargaining agreement, you still may have legal recourse.

For example, if the employer fired you in retaliation for taking time off under the FMLA, that is an issue that would be covered by statute, not the union contract, and you could sue under state or federal law.

You will have to be able to identify the actual reason for your discharge. If that reason is one protected by law, not contract, you may be able to go to court. You will have to consult with an experienced employment law attorney in your area, to see if you have a case.

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Answered on 11/21/09, 5:24 pm


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