union breach of contract

[alleyo]

What is the name of your state (only U.S. law)? minnesota, i have had issues with my union, the union does not file grievances for it's employees, they make you file statemanet of occurrence's first , employees never sign grievance forms,they never reciev copies of any grievances, in sept, of last year my supervisor threw a cell phone at me, i filed a statement of occurence form with the union , i reported it to the company, the union took no action , i filed a police report , the police said since it did not hit me (the cell phone) they would not file charges, in january of 2009 the supervisor (the cell phone thrower) fired me for supposedly misconduct for threatening other employees, i filed for unemployment and was denied , however i appealed , and won as the company provided no witnesses are times and dates for the alledged threats, i called the union on january the 28th 2009 to file the grievance, they told me they would get back to me , the collective bargaining agreement expired on feb, 4th 2009,no agreement to ratify the contract has been reached thus far, on feb 14th i recieved a letter from the union that if i did not file a grievance by feb 11th (clearly to late now )the matter would be closed , its now feb 14th when i recieved the letter, can i sue the union for breach of contract, as well as the company for wrongful termination, the union is suppose to give you 30 days to file a grievance dont they? as they have avoided me in filing the grievance, if i can sue do i sue in state court are federal court?What is the name of your state (only U.S. law)?

[Stevef]

Originally Posted by alleyo

in sept, of last year my supervisor threw a cell phone at me,

Your union contract should spell out exactly what is required. Without reading it, nobody can tell if they are in breach.

However, it sounds like you may have a civil case against your supervisor for assault. That would involve hiring an attorney and suing him or her.