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  1. #1
    Join Date
    Sep 2008

    Union's Failure to Represent

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

    About 6 months ago I submitted a draft grievance to my union (CSEA) for review to submit on my behalf to my employer. My union reviewed my draft and revised it saying that some of the items I listed were not grievable. They sent me an analysis of my draft grievance along with a revised grievance that they told me they would file on my behalf.

    I agreed and waited about 6 months before I returned to work from a medical leave. When I returned to work my union rep told me we had 5 days to initiate the grievance process if I wanted to pursue it. I told them yes.

    Yesterday, my union rep sends me an email advising me that the grievance I had originally be told was being filed was actually NEVER filed on my behalf. She further stated that it was an error to have sent me a copy of that grievance along with an eight page analysis.

    She further stated that a different grievance was actually submitted on my behalf. A grievance I never saw before was submitted without my knowledge or permission. My union rep also told me that about a week ago she met with my employer and negotiated what she called an ‘equitable’ settlement for items listed in a grievance that I have never seen or approved!

    I have some questions:

    1-Can the union decide not to submit a grievance on my behalf after telling me they were going to do just that?
    2-Can the union decide to draft a grievance and submit it on my behalf without my knowledge or input?
    3-Can the union hold a settlement conference with my employer without inviting me to attend? Even after I advised them that I wanted to be present at any settlement meetings?
    4-Do the actions or inactions I have described rise to the level of ‘failure to represent’ by the union?
    5-How do I hold my union accountable? Lawsuit? Appeal?

  2. #2
    Join Date
    Sep 2008

    Wink response

    If I were you the first thing I would do is obtain a copy of your union contract with your employer. Read it front to back and the grievance process. If your union failed to comply with the contract as written then yes you have the right to sue under the Breach of Contract. Also if your local has a council call them in respects to you grievance and how it was handled,and if that doesn't work go right to CSEA headquaters.

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