I don't think the BA would toss grievance. It would be a violation of NLRB.
Incorrect.
Also, you could bring charges against him with the union for not processing your grievance.
Also incorrect, as long as they didn't act in arbitrary or discriminatory ways, or in bad faith.
Once you file a grievance, it becomes the property of the Union. They don't have to hear your grievance if they feel that they cannot, or will not, win it.
I feel like my union has treated me unfairly. What are my rights?
A union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. The union is required to take reasonable steps to investigate a grievance and must represent members in more than a dismissive manner. It is illegal for a union to treat you in ways that are:
- arbitrary (e.g., a union refuses to pursue your grievance without reason);
- discriminatory (e.g., a union refuses to pursue the grievances of all of its non-white workers);
- or in bad faith (e.g., a union official fails to respond to your complaint just because he/she doesn’t like you).
If you feel that the union has treated you in one of these three ways and has breached its duty of fair representation, you may bring legal action against it.
However, the duty of fair representation does not require the union to pursue all grievances until the final possible stage of the grievance procedure or to take all the steps that the member might want it to. The duty of fair representation does not even require that the union do a particularly good job at representing grievances. Unions are only prohibited from acting in arbitrary or discriminatory ways, or in bad faith.
What should I do if my union refuses to file a grievance for me?
Sometimes a union shop steward or other representative may refuse to file a grievance. If this happens, you can ask a union officer or someone else who holds a position of power in the union to file a grievance for you.
Unions do not have to represent all employees in all grievances. But the union should agree at least to investigate your complaint and, depending on how strong the union representative feels your case is, decide whether to file a grievance and how far it will go in representing you in the grievance procedure. If you have been fired and the union has not yet decided whether to file a grievance, you should consider putting your grievance request in writing, especially before the grievance deadline expires.
I feel like my union has treated me unfairly. What are my rights? A union owes a duty of fair representation to all of the workers it represents. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when...
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