Failure to represent

[qnfay]

What is the name of your state? North Carolina

In Sept 2003 I was terminated from employment with the DoD. I was a member of AFGE Local 1770 since April 2003. During employment I filed several grievances about working two different shifts in 24hr, not getting 2 consecutive days off, violation of employment agreement (every other weekend off) and other incidents. During one step meeting the Local VP and Chief Steward stated they were filing an Unfair Labor Practice for using an unauthorized department pre-employment letter. Another ULP was supposed to be filed for refusing to allow Union representation on two occassions in the same day. During presentation of "Proposed Removal" letter I was again denied union representation. At every filing of a grievance I requested a copy of the grievance. I have never received said copy. Upon removal the Local filed an appeal with MSPB. In December 2003 I was called to a meeting at the local office. Present were the President, VP and the Chief Steward. The President said that he received a call from the Nat'l HQ instructing him to withdraw all representation because I was a "member not in good standing". I asked for the name of the caller. Denied. I asked for proof of charge. Denied. Yet I still receive correspondence from the Local and Nat'l Hq. I also voted in the recent Local elections. Because of the withdrawal of representation (which came less than 45 days before MSPB hearing) the removal was upheld and I have appealed (awaiting that decision). Do I have a case for "failure to represent"?

 

[TCB4U2B2B]

Several issues to deal with. Some apparent and some not so. Plenty of room for spectulations, doubts and etc.

NEVER enter into any meetings with any management personal where the company and or organization you work for can take any type of actions against you which can lead to disciplinary actions of any type. PERIOD.

Your error for allowing any such to result. At the time of the interviews inquiries, hearings or meetings by management to learn the facts and or circumstances, etc, always ask if such can result in any disciplinary actions taken against you.

Have any doubts as to such or be denied representation, STOP the proceedings and request a union rep be in attendance. If the request is denied.....say nothing! Anything stated can and will likely be used against you.

During any inquiry meeting with employer, when union representation is present, any member of the union and or member can call for a "Time Out."

FYI:
1)
Use of hand sign or signal like that used in football, annoys company personal and or management in attendence. A ploy tactic that should often be used and recommended to be used.....

2)
Time out allows for private consultation between member and union reps outside of the meeting room. Time to inquire of the union what is happening, resulting, ask questions, figure strategy and for "Stalling" practices, etc. Last situation company and or employer wants to do is to spend excessive time in proceedings such as these....

If the union had filed, you than allow them to deal with the issues. Only keep the union updated on additional occurrences, etc. Based on the info you provided, union has filed on each issue already. Union local should provide you with copies of each filing.

However, not as likely to get the info requested based upon attitudes and constant annoyances to union, etc. Personallities do play a roll as we are all people whom deal with others. Human nature. May or may not be a factor.

Your statments:
"member not in good standing".

May mean and or implies the above and or any other condition or circumstance not related to the issue(s) of the fillings mentioned above. Failure to pay dues is one cause and or a reason, among several others, to consider any member to be a "member not in good standing".

"During employment I filed several grievances about working two different shifts in 24hr, not getting 2 consecutive days off, violation of employment agreement (every other weekend off) and other incidents."

Implies, if any of the above applies soley to you and to you only, not to any other peers, you could be considered a member not in good standings. One whom makes waves, etc. May or may not apply or be correct but only you the company/org and the local union would know.

"Yet I still receive correspondence from the Local and Nat'l Hq. I also voted in the recent Local elections." What kind? Gneral maillings or specific info regarding the issues above? Huge area of specifics unknown and left out on this matter by you in the question description.

"Do I have a case for "failure to represent"?"
Good question but cannot be answered decisively here on an info web site.
Inquire from an attorney but do not expect much to become of it. Not likely to find an attorney whom cares to deal with an entire union.

Summation:
Be calm, cool, quite and patient. The wheels are turning and a result may be in the process. The outcome of which you may or may not like or agree with fully. But representation is resulting behind the scenes more than likely.