Legal Question in Employment Law in California

We sued our employer and won summary judgment on 9/16/08 for our employer not providing required meal and rest breaks.We are a union shop and our union was aware of the situation, and allowed our employer to let this happen.our union was aware that we were suing our employer who is Amtrak but said that we will never win because amtrak falls under the railroad labor act and does not have to follow state laws. Well they were wrong when we won summary judgment and Amtrak has to obide by State laws. Rest and meal periods have nothing to do with railway act. Our question is can we sue our union for failing to represent us and protecting us. Its not right that we pay union dues and we can't get protected. Do we go to the nrlb or local labor board or should we hire a lawyer. Their are over 800 employees that pay union dues. Its funny now that we won Amtrak has implemented the 30 minute meal breaks into the 6hr shift.


Asked on 8/11/09, 2:50 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Suing a union is fraught with pitfalls. You should consult an attorney who has a track record (no pun intended) in doing so concerning your chances for success.

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Answered on 8/11/09, 7:10 pm


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