Legal Question in Employment Law in California

The specific terms and provisions of your labor contract will govern as to all of your questions. Get a copy of it and scour it for the particular provisions dealing with the union's discretion as to whether to press any individual grievance all the way through the process.

In most instances, the labor union "owns" the grievance. That is, it is up to the union to decide whether to allocate its finite resources -- and how much of such resources -- to any particular matter. It is a rare union agreement that would allow the individual member to compel a particular action by the union.

If you do not feel that the union properly represented you, you could investigate a civil action for breach of its duty of fair representation. The union's discretion is tempered by its legal duty of fair representation to its individual members. But be aware that the duty of "fair representation" is a fairly low standard and not likely to be found to have been breached on the facts that you have provided.

Whether an arbitration result is binding and conclusive depends on the provisions of the agreement and any work rules or policies and procedures incorporated in it. But, again, beware: even where the arbitration result is not binding, the opposing parties will make it known in the course of any subsequent legal action and it will be powerful and persuasive evidence to any court.

It is sometimes said that the law is more concerned with providing the aggrieved with a fair process than with achieving any particular acceptable result. This is often true in labor law.