Union Representation

[Jerry Wolcott]

As a municipal employee, I have Civil Service protection and Union contract, however, the Union has not supported 4 promotional positions that the City has decided not to fund next year. The City did not follow Civil Service Rules and have a hearing to determine where the duties of the positions went, instead they served a Reduction in Force for the one filled position. The Union did not support the violation of Civil Service Rules. A grevance was filed and the Union agreed to a settlement of changing the RIF into a reallocation without my agreement or even any discussion with me. Can the Union settle a grevance without my agreement to the settlement? Can the Union's Civil Service Representative refuse to represent the loss of these positions when the duties are not accounted for?

 

[Attorney_Replogle]

Your union steward has a duty to you and other union members to represent your interests to a certain minimal level. This is called a Duty of Fair Representation. If the union steward fails to do so, then the union is potentially liable to be sued by you and or other union members. With regard to the reallocation affecting your position, you may have a case against the union and or employer under the case of Mcgraw v. City of Huntington Beach, 882 F.2d. 384 (1989). However, you need to consult with a labor lawyer near you that handles union matters on behalf of the employees. You can find one at attorneypages.com

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Mark B. Replogle