Should You Work Through Your Union or Go to Court?

Unfortunately, sometimes a union does not aggressively represent one of its members.  Your union representative tells you “not to make waves” and to ignore your employer’s violations of your union contract or the law.  What to do?  The first thing is to figure out if you can go beyond your union to a lawyer.  You can do that if your concern is not covered by your union contract.  Typically, things like discipline, job duties, and shift assignments are contractual and should be grieved through the union in the process specified in the collective bargaining agreement.  But if you believe you are being denied overtime pay or suffering from discrimination, harassment, or retaliation then your problem can be handled by an attorney without wading through the union grievance process.

January 22, 2011 – Castronovo & McKinney, LLC – Paul Castronovo