Conflict of interest

[mbandit]

What is the name of your state (only U.S. law)? California
I was working for a unionized company for 5 years, and I was fired for missing work 3 days.It was all circumstantial and many people as well as myself, believed I had a case.

I filed a grievance, and right from the start my union representative was very negative about the whole situation.It seemed like he was trying to help the company more than he was trying to help me.I thought it was kind of strange at the time but did not think much into it.

One day he told me "you have two options you drop the case and the company will not contest unemployment, or you go on with the case and they will contest it"I told him I wanted to fight for my job as I have a wife and 2 kids, and I knew it would be hard to find a job let alone a good like this one.

Well he started being more negative and did not return my calls for days.I spoke to his supervisor and hes said they would call me in a few days.a few weeks passed and I finally got a hold of them.They said they could not continue with the case, even though I believed I had enough proof to to help my case.anyways I dropped it because they insisted on it.

A few months later I saw my friend( he still works there) at another store and I told him about it, and he told me he had an issue awhile back that went unresolved.He told me he believed and heard the union representative and the store manager were very good friends.

Well I did my little investigation, and it turns out that in fact they are very good friends.How did they become good friends?Well they worked together in the same company many years ago.They worked together for a long time.

Do you guys believe it is conflict of interest?I believe I was not given a fair representation.It has been about 3 months ago.Is there anything I can or should do?Thank you!

[cbg]

DID you in fact miss the three days they claim you did? If so, what does your CBA say about this kind of absence?

[mbandit]

Originally Posted by cbg

DID you in fact miss the three days they claim you did? If so, what does your CBA say about this kind of absence?

What is CBA?

Yes I did miss the three days, and the union policy states that if you miss 3 unexcused days of work it is considered job abandonment.But the thing is the first day I missed my wife called my department manager and he excused that day.

So that leaves 2 days of unexcused absence.Then they said no call/no show for 2 days.Well 4 years earlier another employee missed 3 days and they just gave him a write up.About 3 months prior to my incident a co-worker from my department did not show up fro 2 days and they only gave him a write up.

So here is the kicker, I was in jail, but the union does not say anything about missing work while being in jail.It does state however that they can terminate an employee for being convicted of a crime.Well for any offense an employee commits, the company has 3 days to give a consultation, and if after the three days they don't the offense is considered void.

I told my manager about the whole situation and after 3 days they did not give me a consultation for being convicted of d.v.They just fired me for unauthorized leave, which my other co-workers also did but were only written up.

[cbg]

CBA - Collective Bargaining Agreement

Frankly, all things considered, instead of trying to claim "conflict of interest" (which has no legal meaning in this situation) you're better off letting the whole thing drop. Just because the manager and the union rep are good friends doesn't meant that the union rep is incapable of doing his job. Defense attorneys and prosecuting attorneys go out and have drinks together after trial, but that doesn't mean that either of them is going to do less than their best for their clients.

What are they supposed to do? Not stay friends with people they've known for years?

[mbandit]

Originally Posted by cbg

CBA - Collective Bargaining Agreement

Frankly, all things considered, instead of trying to claim "conflict of interest" (which has no legal meaning in this situation) you're better off letting the whole thing drop. Just because the manager and the union rep are good friends doesn't meant that the union rep is incapable of doing his job. Defense attorneys and prosecuting attorneys go out and have drinks together after trial, but that doesn't mean that either of them is going to do less than their best for their clients.

What are they supposed to do? Not stay friends with people they've known for years?

You know that is a whole different ball game.D.A and P.A do that publicly, and they know not to get their friendships involved due to the money they are making.They know that they can loose money and clients by letting friendship get in the way.Plus I'm pretty sure they can face other consequences if they pull one of those.

On the other hand, the union rep does not lose anything by favoring the company.He will make the same amount of money whether they win a case or lose case.He is not going to lose any clients or anything like that.Plus he does not let it be known that he is very good friends with the store manager.There is no way you can compare Attorneys with Union reps, whole different ball game.

I am not saying "conflict of interest" is a legal term but I am asking just to see if there is maybe another term or something else I can do.I honestly believe it was unfair representation all things considered.

But if you want to use attorneys as an example you used a poor example because the manager is not to the union rep what a P.A is to a D.A.It would be more like you being accused by someone that you assaulted them or something like that and your attorney was very good friends of that person, would you think you would be getting a fair representation?

[mbandit]

Also you want me to drop the case even though I think I have a case?I was making $20.00 hr. maybe not much, but I'm having a hard time finding a job that pays minimum wage much less $20.00.I have a wife and 2 kids and it is very hard.

And you ask what can they do not be friends?How about assigning another rep for that particular store.One that doesn't have a long time relationship with the manager.That would be a good idea don't you think?

[cbg]

I don't think "conflict of interest" is going to gain you anything, and may hurt you in the long run. If your collective bargaining agreement was violated, THAT is what is going to help you, not some imagined "conflict of interest" based on a rumored friendship. And if your collective bargaining agreement was not violated, you have no case at all.

[mbandit]

Originally Posted by cbg

I don't think "conflict of interest" is going to gain you anything, and may hurt you in the long run. If your collective bargaining agreement was violated, THAT is what is going to help you, not some imagined "conflict of interest" based on a rumored friendship. And if your collective bargaining agreement was not violated, you have no case at all.

Hurt me in the long run?How?

Do you think I should speak to the union and ask them to reopen the case with another representative?

So in your opinion if what I am saying is true, it is a fair representation?Not is it legal or anything like that, just your personal opinion.

So what is conflict of interest?

And it is not a rumored friendship, it is proven.

[cbg]

You're suggesting that your union rep is deliberately allowing the members he's responsible for to be fired in violation of the contract solely because he's friends with the manager, and you don't see how that can hurt you?

I think you are grasping at straws.

[commentator]

Frankly, I think they're being very good to say they would let you draw uncontested unemployment benefits. Because there is no union case that I can see for reinstatement. Conventional wisdom among employment personnel and human resources professionals is that unless you are in a coma, you need to call in when you are absent. Or if it is not possible for you to do so, you have someone else call for you each day that you are out, unless the absence is pre-approved.

It does not seem to me as if the union representative was being more favorable to the company than to you. He was just telling you the way it is. If the policy was that you have to call in each day that you are absent, and you didn't have someone call in for you according to the rules, you did two days of no call/no show. That's not something your union can protect you from.

If you file for unemployment benefits, you may not be approved even if they do not contest it, because you were absent three days in violation of the company attendance policy. You only called in for one of the three days. You can't bring in a doctor's note, you weren't sick. You were discharged for violation of the company attendance policy. You'd have to appeal and be approved for benefits. You should do this immediately if you haven't already.

What happened (you think, not privy to the human resources information of course) that some others with similar absence situations were treated differently. It might be that they had different attendance records or situations. It doesn't appear that your union rep thinks this is a winnable case. If they assigned another union representative to your area, isn't it possible the new person would think the same thing?

I'd file for my unemployment and try to find another job. Yes, it will be very difficult to find another good job in the current economy. That does not mean you have a union grievance because the company fired you. That you believe someone else was treated differently in the past does not mean you have a grievance. That your union rep is good friends with the plant manager does not mean you don't have a case. The information about the case you've given us seems to indicate it is not a good case, and that has been mentioned several times here.

[JennK2009]

Ask to see the grievance file, with the results of the investigation done by your union rep.

Send an email so you have the request time and file a DFR (Duty of Fair Representation) charge against your rep, with the DOL (Dept of Labor). You have nothing left to use.

Sorry everyone - I've seen grievance lost that had a chance and grievances lost because they had no merit. I think he may have had a case.

Did the union see the other employees records? Did they really compare them? Did they properly investigate it? And, was the investigation FAIR?

[mlane58]

Originally Posted by JennK2009

Ask to see the grievance file, with the results of the investigation done by your union rep.

Send an email so you have the request time and file a DFR (Duty of Fair Representation) charge against your rep, with the DOL (Dept of Labor). You have nothing left to use.

Sorry everyone - I've seen grievance lost that had a chance and grievances lost because they had no merit. I think he may have had a case.

Did the union see the other employees records? Did they really compare them? Did they properly investigate it? And, was the investigation FAIR?

The filing of a DFR would be with the NLRB, not the DOL.

[JennK2009]

Oops, thanks for correcting that. It is the NLRB.

I'm also wondering what your steward at your shop thinks. He may be able to fill in some blanks.

In the meantime, be sure to call all your brothers and sisters (for job leads) that you have talked with at your union meetings.

[mbandit]

Originally Posted by JennK2009

Oops, thanks for correcting that. It is the NLRB.

I'm also wondering what your steward at your shop thinks. He may be able to fill in some blanks.

In the meantime, be sure to call all your brothers and sisters (for job leads) that you have talked with at your union meetings.

Thank you foe being so helpful and understanding.

I talked to my union local president yesterday, and I explained my issue and requested that he opened my case again.He told me he would look into it and he would get back to ma a.s.a.p.

I will definitely ask the union steward at my shop, to see what he thinks...very good Idea thanks a lot.

I will definitely look into filing with the NLRB.

Again thank you for being very understanding, I really appreciate it.