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Jmail said:
You'll have file grievances first, once you've exhausted grievance procedure than work on labors charges.
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You will usually have to give the union 4 months to resolve a grievance, if it deadlocked at regional panel, then you will have to wait until national panel hearing, if it dead locks there, you will have to wait for arbitration. If that takes more than 6 months, at that point you can file labor charges. Doesn't mean you will win anything.
 
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No port said:
You will usually have to give the union 4 months to resolve a grievance, if it deadlocked at regional panel, then you will have to wait until national panel hearing, if it dead locks there, you will have to wait for arbitration. If that takes more than 6 months, at that point you can file labor charges. Doesn't mean you will win anything.
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If there is a grievance procedure in place and you lose, it's nearly impossible to win a labor charge against the employer. The only hope is to prove that the union failed to represent you. If they go through the motions, you can't win there either.
The only successful labor charge I ever saw was "Disparity of Treatment". If everyone is treated the same, you have no case.
 
Yes, I am well aware.
My point was the time issue. By that time all drivers are returned to work the labor charge would be worthless.
It is endless bloviating about this or that, threatening to file a labor charge is an empty threat, unless you are willing to do all the leg work yourself.
 
No port said:
Yes, I am well aware.
My point was the time issue. By that time all drivers are returned to work the labor charge would be worthless.
It is endless bloviating about this or that, threatening to file a labor charge is an empty threat, unless you are willing to do all the leg work yourself.
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Filing a labor charge, even a frivolous one, always gets the employers attention. They are more than willing to resolve it because the NLRB will demand reams of paperwork and it will cost the company a fortune to comply with all the legal requests and pay attorneys, even if they win.
 
Razorblade said:
Filing a labor charge, even a frivolous one, always gets the employers attention. They are more than willing to resolve it because the NLRB will demand reams of paperwork and it will cost the company a fortune to comply with all the legal requests and pay attorneys, even if they win.
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Good luck, tell me how it works out for you.
 
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No port said:
Good luck, tell me how it works out for you.
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They are possible, they are winnable, and it has been done.
Simple progression, local grievance, bring it to the board of your local, then on to the International, then to the NLRB.
It is time consuming and ruffles some feathers, but it does get the attention of the upper managers and usually is settled before the Gov. issues their royal proclamation.
 
Razorblade said:
If there is a grievance procedure in place and you lose, it's nearly impossible to win a labor charge against the employer. The only hope is to prove that the union failed to represent you. If they go through the motions, you can't win there either.
The only successful labor charge I ever saw was "Disparity of Treatment". If everyone is treated the same, you have no case.
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I won a case in civil court after grievance loss and rejection by NLRB. Contract is a legal document and civil courts will look at that very closely. Had a fantastic labor lawyer.
 
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