Fail to represent

[huskermaniac]

What is the name of your state (only U.S. law)? Oregon

My union local at a prison has decided to push a grievance that will cause harm to a large number of the represented staff. The grievance is due to a staffing pattern that has been practiced for two years now. We have a thirty day time frame to enter a grievance, so management has already said they will not accept the grievance based on timeliness. The staffing pattern is off due to the fact that our prison only opened a portion of the facility. It did not fully open due to the drop in our economy. Many of the promotions had already taken effect when the announcement was made that we woul not open fully. So, we are top heavy in rank.
The grievance will, even if they don't win, cause many employees to be demoted, and worst case possibly laid off. Those of us that will be affected negatively are concerned that the union is not looking out for our interests.
So, our questions are:
1. Do we have a legitimate case against the union if this grievance is filed.
2. Is there a legal action we can take to request a different union to represent us? (We are taking a vote of non-confidence in the union)
3. Is there a process for impeaching the elected leadership of a union local.
Thank you for your services.What is the name of your state (only U.S. law)?

[DLawStudent]

Originally Posted by huskermaniac

What is the name of your state (only U.S. law)? Oregon

My union local at a prison has decided to push a grievance that will cause harm to a large number of the represented staff. The grievance is due to a staffing pattern that has been practiced for two years now. We have a thirty day time frame to enter a grievance, so management has already said they will not accept the grievance based on timeliness. The staffing pattern is off due to the fact that our prison only opened a portion of the facility. It did not fully open due to the drop in our economy. Many of the promotions had already taken effect when the announcement was made that we woul not open fully. So, we are top heavy in rank.
The grievance will, even if they don't win, cause many employees to be demoted, and worst case possibly laid off. Those of us that will be affected negatively are concerned that the union is not looking out for our interests.
So, our questions are:
1. Do we have a legitimate case against the union if this grievance is filed.
2. Is there a legal action we can take to request a different union to represent us? (We are taking a vote of non-confidence in the union)
3. Is there a process for impeaching the elected leadership of a union local.
Thank you for your services.What is the name of your state (only U.S. law)?

It sounds like there could be a contractual reason for the union filing the grievance.

If there is a contractual reason, the union has the right to police the contract so you would not have any legal action. However, depending on your union's constitutuion and local bylaws, even if it is contractual, you may be able to force the union to withdraw the grievance by motioning the floor at a union meeting to rescind the grievance. Usually the floor of a meeting has ultimate power. Again, this is dependant of your by-laws and a majority of the floor supporting your stance.

I must warn however, that if it is contractual, there is a reason for it, and it may have unforeseen consequents.

Good luck, and I hope my post helps.

The answer to your other questions also depends on your union's constitution and by-laws. I urge you to get a copy and study both.