• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Union Breach of Fiduciary trust?

  • Thread starter Thread starter Carmen
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

Carmen

Guest
If yo choose to reply...please reply directly to [email protected]
I worked for the City of Boston and was under the S.E.I.U. (Service Employees
International Union) Local 285.
The union's contract with the City of Boston was expiring, so the Union had a
survey (part survey, part nomination form for your choice of bargaining
committee nomination)to see what was on our minds. The surveys would be
tabulated to see what to ask management for our next contract.
I was very honest with my responses and left the survey on the Chapter Chair's
chair. He did not like my responses and gave my survey to the Chief Steward (who
does not like me). The Chief Steward (without consulting the "official" union
boss...brought my signed (you had to sign it) survey to the Director of Human
Resources. The H.R. Director did not like my responses either, and brought my
survey to the Department's Chief Counsel. The Chief Counsel first said that it
was a "union issue" and the only way he would take action (and fire me) was if
the Chapter Chair and Chief Steward put in writing that they felt threatened by
my responses. Keep in mind that my responses are not threatening in ANY WAY. I
have showed my survey to two lawyers since...and there is nothing threating at
all.
The Chief Steward then wrote a letter to the Director of the Municipal Agency,
asking that he fire me. After he received the two letters of complaint...HE
FIRED ME!!!
I have a letter (dated September 11, 1998) from the Director of a Municipal
Agency stating that I am being FIRED "effecive immediately based upon the
content of your responses to the S.E.I.U. Local 285 contract survey hich you
signed..."
I have not worked since...and the union is at the end of my arbitration. The
arbitrator's response is due any day now. am pretty confident (based on the
union's brief) that I will be re-instated...but I am wondering if I can still
sue (Civil??) for things like....wrongful termination...violation of First
Amendment rights (which coincidentally government employees are entitled to...as
opposed to privtes employees)...and who would I sue...the City for firing me or
the Union for asking tha I be fired??
If you could please respond...I would appreciate any assistance. Does anyone
know of a precedent???
lso...keep in mind....the letter for the Chief Steward to the Director irwritten
FROM: XXXXXXXXX *********, Chief StewardTO: XXXXXXXXX ++++++++++, Director
and it was brought up at the arbitration hearing that the Director felt assured
by that letter that the union would not grieve my termination.
 


E

Ex HR Guy

Guest
Something seems wierd here. But if you spoke to 2 lawyers why not rely on them? This is NOT A DO IT YOURSELF endeavor.
 
A

Attorney_Replogle

Guest
Please do contact a labor lawyer near your. He or she should regularly represent public employees, if not exclusively so. Do not rely on what the company's or the union's attorneys said to told you.

------------------
Mark B. Replogle
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top