Legal Question in Employment Law in California

I was fired for what I believe to be an unjust reason, but after my union rep. didn't get anywhere negotiating with the company, he put the case up for review by the Executive Board. They have decided not to take my case to arbitration and they want to close it. The Labor Board said they won't do anything until I exhaust all resources with the union first, so I am appealing their decision not to go to arbitration.

I have three questions:

1. Can I INSIST on arbitration as I have paid union dues for 22 years and deserve representation;

2. What are my remaining avenues if the ruling is unfavorable to me (is an arbitral decision absolutely final or do I still have some recourse); and

3. What can I do if I don't feel that I was represented fairly by my union?

The current labor contract ends on March 6, 2011 and I'm sure that is where their primary focus is. Even if I can get them to continue with my case, I don't feel they are giving it all the attention I deserve. I am afraid that due to their lack of focus on my case, I won't get a just decision and if arbitration is final and binding I will be left with no recourse.

Thank you,

Mario


Asked on 2/10/11, 10:21 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your union grievance is you only remedy, and it is entirely up to the union how far they push it. When they say it is over, it is over. Your have no effective recourse if they don't make you happy.

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Answered on 2/11/11, 12:44 pm


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