Did my union breach their contract?
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Did my union breach their contract?
I am a union steward. Contract says that stewards have seniority over
any one regardless of time of employment. They allowed another employee
,with more seniority than me,bump me from my shift. I have gone through
all of the grievance processes,and have been denied every time. The
union keeps saying that the contract wasn’t ‘intended’to mean what I
think it means. Everyone I’ve talked to agrees with me. What can I do?
Asked on December 19, 2018 under Employment Labor Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It would be advisable to have an attorney read and review the contract.
If there is nothing buried in the contract that provides exceptions to that provision you cited, the union may be in breach of contract.
A court only considers the document (contract) and not extraneous information that it is not intended to mean what it states.
After an attorney reviews the contract , if you sue the union for breach of contract, you should seek damages ( monetary compensation) for lost wages, and the additional remedy of specific performance which is the court ordering the union to enforce the terms of the contract.
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