furloughed
Junior Member
What is the name of your state (only U.S. law)? IL
I am a furloughed United Airlines pilot. My union (ALPA) is currently negotiating a new pilot contract. They are the sole collective bargaining agent for the pilots.
I have been informed by the union that they have no duty to represent my interests because I am furloughed. Verbage from our last union Chair:
"I think you know how badly I and the MEC feel about what the company has done to
you and all in your group of furloughees. It is horrific and this place cannot
begin to be even remotely right until you are all back on our property. While
we do not technically have a legal duty of representation, I and the MEC feel
very strongly about protecting you as you are one of us."
This is not the first time that I have been furloughed while the pilot union negotiated a contract; the last time, the union also stated that they had no legal obligation to represent furloughees. During this time, the union dropped a furloughee grievance against the company and did not include furloughees in a division of money associated with the cancellation of our pensions. I now realize that we (furloughees) had 6 months in which to sue the union for breach of fair representation so that is now water under the bridge.
My concern is that the union will once again fail to represent furloughee interests and would like to know if there are any solid cases that I can reference where the union failed to represent furloughed union members. The closest that I can find is CZOSEK v. O'MARA, 397 U.S. 25 (1970).
I expect to be recalled back to active pilot status sometime in the future. Does the union have a Duty of Fair Representation to represent furloughed union members?
Thanks in advance.
I am a furloughed United Airlines pilot. My union (ALPA) is currently negotiating a new pilot contract. They are the sole collective bargaining agent for the pilots.
I have been informed by the union that they have no duty to represent my interests because I am furloughed. Verbage from our last union Chair:
"I think you know how badly I and the MEC feel about what the company has done to
you and all in your group of furloughees. It is horrific and this place cannot
begin to be even remotely right until you are all back on our property. While
we do not technically have a legal duty of representation, I and the MEC feel
very strongly about protecting you as you are one of us."
This is not the first time that I have been furloughed while the pilot union negotiated a contract; the last time, the union also stated that they had no legal obligation to represent furloughees. During this time, the union dropped a furloughee grievance against the company and did not include furloughees in a division of money associated with the cancellation of our pensions. I now realize that we (furloughees) had 6 months in which to sue the union for breach of fair representation so that is now water under the bridge.
My concern is that the union will once again fail to represent furloughee interests and would like to know if there are any solid cases that I can reference where the union failed to represent furloughed union members. The closest that I can find is CZOSEK v. O'MARA, 397 U.S. 25 (1970).
I expect to be recalled back to active pilot status sometime in the future. Does the union have a Duty of Fair Representation to represent furloughed union members?
Thanks in advance.