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?