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Possible conflict of intrest union rep related to employee and handeling a grievance

#1
What is the name of your state (only U.S. law)? New York

Due to an error by HR retesting a position another employee has grieved my hiring. The result would be that employee awarded my job and I get sent back to my previous position. However the union secretary handeling the grievance is the other employees niece. Is that a conflict of interest and Can I get the grievance thrown out?
Thank you
 

LdiJ

Senior Member
#2
What is the name of your state (only U.S. law)? New York

Due to an error by HR retesting a position another employee has grieved my hiring. The result would be that employee awarded my job and I get sent back to my previous position. However the union secretary handeling the grievance is the other employees niece. Is that a conflict of interest and Can I get the grievance thrown out?
Thank you
Well, that is possibly a conflict of interest if the Union secretary is the one who would make any actual decision on the grievance. Talk to someone higher up in the Union.
 

HighwayMan

Super Secret Senior Member
#3
Due to an error by HR ...
So you're saying that if there was NO error by HR you would not have gotten the job?

If that's the case I can't see there being any conflict of interest if the other person gets awarded the job that you shouldn't have had to begin with.
 

Taxing Matters

Overtaxed Member
#4
What is the name of your state (only U.S. law)? New York

Due to an error by HR retesting a position another employee has grieved my hiring. The result would be that employee awarded my job and I get sent back to my previous position. However the union secretary handeling the grievance is the other employees niece. Is that a conflict of interest and Can I get the grievance thrown out?
Thank you
Whether it is a conflict of interest depends on what you mean by “handling” the grievance. If the secretary is supposed to be the neutral decision maker, then there would be a conflict of interest. If, however, the Secretary is the advocate for the grieving employee (the niece) then there is no conflict of interest. In that role the secretary is supposed to do what he or she can to help the grieving employee and the relationship with the grieving employee would not interfere with that. If the secretary is representing you, on the other hand, that would also be a conflict of interest problem because the secretary would potentially not work as hard for you if it will hurt the niece’s chances at the job.

It is irrelevant to the conflict of interest whether the grievance is a good one or not so I disagree with the response by HighwayMan.

Now, even if there is a conflict of interest, it will matter what the union rules say about such conflicts as to what remedy, if any, you have for it.