Legal Question in Employment Law in California
Union's grievance procedures regarding grievances and arbitration
My question is in regards to California State and/or Federal Labor Laws regarding Greivance Procedures, Arbitration and/or Collective Bargaining Agreements.
If the grievance procedure (according to the Collective Bargaining Agreement) consists of a clause that states that if after a step 1 and step 2 grievance has been filed and found in favor of the company, is it legal for the Union (exclusively) representatives to decide whether or not to take the case to Arbitration even if you want it to be taken to the arbitration level?? And is that sort of claus considered to be a ''Binding Arbitration Agreement''? Also (under the same situation) if the employee feels (and has evidence) that the Union Representative did not follow the grievance procedure correctly, or that they fraudulently claim to have filed said grievance, is there any recourse for the employee to force the case into arbitration
Ultimately, my main question at this time is whether or not the Union can make the decision not to take a grievance to arbitration even tho the employee would have insisted that it be taken to arbitration? and what, if anything, can be done to get his case to arbitration (if not court)?
thank you for your time and consideration.
1 Answer from Attorneys
Re: Union's grievance procedures regarding grievances and arbitration
With respect to its role in the processing of grievances, a union has an obligation to represent employees fairly - an obligation that is known as the "duty of fair representation." This means that the union's decision not to process the grievance to arbitration may not be ``arbitrary, discriminatory, or in bad faith.'' Generally, two factors must be considered in determining whether a union's failure to process a grievance to arbitration is arbitrary: (1) whether the union gave due consideration to the employee's position; and (2) whether the union can provide a reasonable explanation for its decision not to pursue the grievance.
Obviously, in order to answer your questions, more facts are needed.
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