Legal Question in Employment Law in Washington
How do things work at a union shop?
The company is getting increasingly evil, and the union hall is becoming increasingly unresponsive. Business rep just lets grievances run out without responding.
What courses of action are available? Can a group of guys get together, hire a lawyer, and go after the union for non-representation? The company is firing people and handing out letters on flimsy grounds. Want to get ahead of this, not wait to get fired then try to reverse things.
1 Answer from Attorneys
Re: How do things work at a union shop?
The problems are always in the details, so I must add the caveat that I am assuming you are talking about serious grievances here that are in clear violation of your collective bargaining agreement.
The union has a duty to process all grievances and to represent the workers, and if the union is not doing so, you may well have a case against them. Does the majority of the membership seem to feel that the representation has been unacceptable?
I think you have a couple of choices, both of which will have some cost to you. You may want to consider your legal options against the union, or, if enough of the membership is fed up, you may want to look into replacing the union with another union, if that is an option. In either case, your first step would be to discuss your case in detail with an attorney who understands labor law. He or she will need to know a lot of details before being able to advise you which option is better or if either option is even available to you. The real cost to you is that in the short run, the union is probably going to be even less interested in looking out for your rights, whether you are suing them or trying to oust them. The employer is likely to become aware of your vulnerability with predictable results.
My advice in short form: talk to an attorney who understands labor law, and who can review all the details of your case and advise you what will be the best strategy. There are multiple options, but each has pitfalls.
Hope this helps!