Union did not represent

[fabian32]

My employer put me on administrative leave pending an investigation. Before I had my initial IA interview I asked for representation from my union. Due to being put on admin leave before knowing anything or why (I went to work and was walked out) I asked for a attorney to go with me to my IA meeting. My union president said she would not send me up with a attorney. She would prefer me to go with the vice president of the union. I disagreed as he knows nothing about our career field and doesn't even work in our industry. After several request I was denied and went to IA interview with him. Once we walked out he was in shock and was confused. I then asked for an attorney again while waiting on admin leave and was denied. Finally I was told that my employer was going to push for termination. I was told I could voluntarily quit and write a resignation letter and the civil service hearing would not proceed. My union still denied. I have no job and my union never helped, can I sue the union or the rep? I'm not looking to sue my employer i ended up resigning in hopes to give me a better opportunity to get a new job. Any advise is appreciated. Thank you in advance.

 

[CdwJava]

My employer put me on administrative leave pending an investigation.

What state are you in? Laws vary by state, so this is important.

Is this a law enforcement position? Other government? Private employer?

Before I had my initial IA interview I asked for representation from my union. Due to being put on admin leave before knowing anything or why (I went to work and was walked out) I asked for a attorney to go with me to my IA meeting. My union president said she would not send me up with a attorney. She would prefer me to go with the vice president of the union. I disagreed as he knows nothing about our career field and doesn't even work in our industry. After several request I was denied and went to IA interview with him. Once we walked out he was in shock and was confused. I then asked for an attorney again while waiting on admin leave and was denied. Finally I was told that my employer was going to push for termination. I was told I could voluntarily quit and write a resignation letter and the civil service hearing would not proceed. My union still denied. I have no job and my union never helped, can I sue the union or the rep? I'm not looking to sue my employer i ended up resigning in hopes to give me a better opportunity to get a new job. Any advise is appreciated. Thank you in advance.

Depending upon your career field, type of employment, state law, and the MOU governing the employment and your representation rights, you may not have had a right to an attorney prior to an interview with the employer's investigator. You may have had other rights you could invoke, but without knowing the state, career, type of employment, and having an available copy of your MOU it is hard to say whether anyone dropped the ball.

At this point if you feel the union failed to adequately represent you, you might check with the local Bar Association and consult attorneys that specialize in labor law and see if they have any input on your situation.

 

[justalayman]

I read where at least once and I think twice where you refused to allow a union representative. Barring the possibilities cdwjava spoke of, when attnsxing a meeting where there is a possibility of a negative action your Weingarten rights provide you a righ to have a union representative present. You rejected their offer. There was no failure to represent.

 

[fabian32]

Follow up

Hello and thank you for reading my post.

I live in California and yes it's a Civilian Law enforcement position (Jailer). We are a separate union than the sworn PD personnel. Our Union is all city hall employees and maintenance, we are the only PD employees in the union along with records clerks.

 

[fabian32]

My mistake

I read where at least once and I think twice where you refused to allow a union representative. Barring the possibilities cdwjava spoke of, when attnsxing a meeting where there is a possibility of a negative action your Weingarten rights provide you a righ to have a union representative present. You rejected their offer. There was no failure to represent.

No I'm sorry, I didnt want them but I did allow it in the end. During my IA interview the VP of the Union did go up with me. He had no idea of what was going on. He doesnt even work in the department. After it was over they stated that they should have got me a attorney. The Union rep kept saying they go to the initial one and then they go from there. There only is one meeting before they decide on what they are recommending and pursue with it.

 

[CdwJava]

As a civilian jailer, you are likely not covered under the Peace Officer Bill of Rights. So, you would then be covered under the remaining state laws and any mandates in your MOU or the city's personnel rules. If an attorney is not afforded you per the MOU or the city's personnel rules, and the union declined to provide you with one, you may well be out of luck as they likely have no legal requirement to provide you with one.

What is the covering organization? OE3? Or, someone else?