Legal Question in Employment Law in California

Re: Union Representation

Theoretically yes, practically no. If you could easily do so, so could others, and that would be the end of most unions. You remedy is a federal suit for failure to represent, but the burden of proof is high, as is the cost you would have to pay.

Re: Union Representation

Unions are required to represent their members. When they don't, they can be sued for violating the "duty of fair representation." (These claims are called "DFR" claims.) Recognizing that unions are not terribly strong; and do not have a whole lot of money to process grievances, the courts have made it fairly difficult to show that a union has violated its duty of fair representation -- you would have to show that the union treated another employee better than you; or completely neglected to help you. That said, most unions are afraid of being sued for this type of violation, and involving a lawyer in the issue (the lawyer makes a phone call to the union lawyer, etc.) can be helpful. It is also good to have legal advice to protect all of your rights -- you have certain timelines to file grievances and appeals of those grievances.

Three other points -- (1) if a union does not properly represent you, you may be able to sue the company itself for breach of the union contract; (2) You have 180 days to sue for a violation of the union contract or for violation of the union's duty of fair representation; (3)just because you belong to a union does not mean that you give up other legal rights; depending on what the issue is at work, you may be able to sue for it (without union involvement.) Good luck.

Re: Union Representation

A simple answer to your question is yes. However, need much info to look at the problem in a complete manner.