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wrongful termination which violates and manipulates Collective Bargaining Agreement

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sdmyatt72

Junior Member
What is the name of your state? illinois

I was just recently terminated from my employment based on reaching the maximium attendance points allowed. Under our collective bargaining agreement it states that if an employee attempts to make it to work during a severe act of god or unforeseen extenuating circumstances it will be taken into consideration before points will be applied. In past couple months there has been severe weather conditions which created hazardous road conditions causing me to be late to work. There were several days during these weather conditions in which traffic jams were the other contributing factors to delays.
Also, I was issued a point for an approved Personal Leave of Absence day (unpaid). Under our collective bargaining agreement we are given 30 per year for the life of the contract.
I have filed grievances based on my termination so the grievance process is in place. I also feel that the company manipulated the collective bargaining agreement so they could eliminate and undermine the union, the union represenatives and members of the bargaining unit.
With the grievance process as our process to evaluate, dispute, investigate, resolve and so forth can I still file a lawsuit against the company? What grounds could I possibly use to build my case? Granted I know there is the discrimination factor against union membership, but you really have to be able to prove the discrimination as being solid. Not saying that is impossible, but it's not an easy task.
I am not just trying to get loads of money, I am simply trying to stand up to a company which refuses to acknowledge and honor the language of the collective bargaining and which it appears to do everything possible to undermine the union and it's membership.
Since I am the elected, Unit Chaiperson, which makes me the top ranking union official in the plant I feel I was being targeted by management.
I guess what my main question is, with what I have described does it sound as though I could still file a lawsuit with the grievance process in place? I just despise the fact how these big corporations treat the employees who build the products that make the big corporation filthy rich.

Thank you for any input.


Steve
UAW Local 1268, Belvidere, IL
 


sdmyatt72

Junior Member
Thank you for your response. I failed to mention that there is a past practice in which prior to the CBA being ratified there were severe acts of God and unforeseen extenuating circumstances in which tardies and absences were excused with no points issued. During negotiations of the CBA ( in which I was part of the negotiating side for the union) it was discussed at the table the previously mentioned incidents, both sides agreed that these would be incidents which would fall into play under the language.
Not only that the issuance of a point for an excused and approved leave of absence is a clear violation of the CBA.
On top of all this, the HR manager (which is is the main reason for all of this, she is a new HR manager) refuses to respond to calls, emails and any other form of communications to determine the status of the grievance.
 

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