How can I get my job back if I filed a grievance withmy union?

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How can I get my job back if I filed a grievance withmy union?

My friend and I were fired from our job. So we went ahead and filed a grievance with our union. Shortly after our company heard about it they went ahead and cut a deal with my friend but I was left without a job. Now no company in the union will hire me. I was wondering if there is anything that can be done to help me get my job back?

Asked on April 12, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, you need to take a look at your union agreement or contract--whatever procedures or rules it contains about termination, grievances, etc. will control.

Second, if under those rules you should have been treated differently but weren't, you can and should first ask your union (e.g. union rep) why you received the treatment you did. If you don't get an answer or get one you don't agree with, it's possible the union and/or company has violated the collective bargaining agreement and you should contact the Natioal Labor Relations Board (NLRB).

Third, if you believe you have received unfavorable treatment because of a protected characteristic--e.g. your race, sex, religion, disability, age over 40--you may have an employment discrimination claim and can contact the state or federal dept. of labor.

Finally, if you believe you were retaliated against owing to filing some protected claim or complaint (e.g. a wage and hour complaint), that may be in violation of the law, and again, the DOL may be able to help.

You could also consult with an employment attorney; if you do, bring a copy of all agreements (including union agreements) and correspondence with you. Good luck.


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