Private Right of Action -Enforce Union Contract?

[foolsmission]

California?
My spouse works for a bottler and the union is ineffective.
Management wants the employee to dig their own grave over minor write-up to pave way for firing.

Here is what the bozos in HR gave employee to "confess".

"The Letter
Four things that must be included in the letter:
1) A statement that their job is important to them (they can mention why if they want to).
2) An acknowledgment of the seriousness of his/her conduct/behavior.
3) A statement about what they're going to do to ensure their behavior is not repeated.
4) A statement that they understand that if they're involved in an incident of misconduct in the future, separation will result."

Instead we prepared a letter which brings up mitigating factors while accepting responsibility for a violation of the rules.

Management is treating an event which caused a minor slowing of the line as WILLFUL MISCONDUCT.


So is there a private right of action under California state law to enforce the terms of a union contract?

[foolsmission]

As a member of xxx for the past 26 years, I have been generous and supportive in sharing my knowledge of procedures with fellow workers. Through direct supervision, as well as hands-on training, I believe my initiative and willingness to take on new responsibilities are clearly reflected in my commitment for excellence. I have always strove to perform my duties as though my name was imprinted upon every bottle we produce.
Regarding an event which took place on October 23rd 2006, concerning my failure to follow proper company procedures, I fully acknowledge that I must always follow the high expectations and standards of excellence set forth by the company. I am a committed member of the xxx family and strive to abide by the rules and regulations set forth by management and I acknowledge that the procedures which management must enforce, and employees must follow, are designed to insure:
a) a high quality product,
b) employee safety,
c) and to protect the company from unnecessary loses.
I will therefore be more vigilant in my attention to detail, double check my work, and inform management immediately of any changes or problems which may occur in the future.
Concerning my October 23rd failure to keep sufficient labels in the machine, I think we can agree that this occurred during a period in which I worked extended overtime hours over a period of weeks.
Due to the amount of overtime hours I had been working, I had repeatedly asked for and been denied time off, despite seniority with the company.
I sincerely hope this matter can be put to rest, and I can continue working as Level IV Machine Operator.

This letter was rejected as "too professional" and not accepting that a further "incident of misconduct" could result in "seperation" (they are too chicken to talk straight...they mean fired on the spot).

Any thoughts?

We are considering using :
"I understand that my being disciplined again will result in sanctions in accordance with the Union Agreement between xxx and the United XX XX Workers."

Why dig your own grave and give management permission to fire you?

[LSCAP]

Have you contacted the union?

Usually union contracts agree that the member is entitled to representation at these meetings.

If you are not happy with the Rep., I would go as far as contacting the vice president, and the president of the union. Preferably in writing.

Spelling out no representation, and the excessive overtime. And being told to sign a self incriminating document.

I have had a situation where I was temporarily assigned to the Vice President’s area.
He was doing things as if it was a sweetheart contract. IE letting management do what ever they liked.

The president asked me, and I told him, what was going on. He suspected it.

It was step one of the steps to the firing of the Vice president.

And there is a big secret in this country, which they don’t teach in school. WE are “the Union”. It is not they. They can be voted out of office.
And they hate to admit it, but they are YOUR representatives. Voted in by the members because of their expertise, and because they can not be fired by the company.


Every contract has a window period where another union can challenge the union in place, and possibly end up representing the members. (they rarely do that, but it has been done. I have been involved in doing it.)

If you are still not happy, after contacting the VP And Pres. Look around for another union.

[foolsmission]

Thanks for the response.

The Union President advised if you want to keep your job write the letter exactly as they want it. "We are a weak UNION."

I think you have good points.
I may update this thread if the Union actually follows through with promised action they claim to be quitely performing.

[LSCAP]

Maybe if you can keep calm, do they need another business rep? You perhaps?

BTW if it is the only business in town, and they move out, they can destroy the town.

which would make a union weak.

ANYWAY,

GOOD LUCK AND GOD BLESS.