Legal Question in Employment Law in Illinois

friend was recently fired. she was charged with insubordination. the company did not follow procedures in the union contract. there is a three step procedure in the contract stating 1.verbal warning 2.written warning. 3. subject to discharge.

She has filed a grievance with the union. She got a letter from the company today stating that they(the company) denies the grievance. How can the company deny a grievance? I never heard of such a thing. She is prepared to take this to arbitration. The company she works for is in Illinois. I might add that she is one of maybe 3 woman working there. This is a railroad car repair facility.


Asked on 1/04/10, 2:19 pm

1 Answer from Attorneys
Arnold Toole Toole Law Office, LLC

Companies are able to deny a grievance. It will be up to the union whether they take it to arbitration. It is imporatnt that your friend exhausts all the union remedies, and follow all procedures outlined in the collective bargaining agreement. Keep in mind that there is a very strict statute of limitations on filing a lawsuit against a company and union for breach of contract and failure to properly represent. Feel free to contact our office to discuss this matter further, 773-684-5730.

This reply is specifically limited by the information provided, and does not constitute an attorney-client relationship.

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Answered on 1/11/10, 9:06 am


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