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Mediation question California

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  • Mediation question California

    Work for a casino with a union obviously.

    Was fired for one policy violation and one violation only. Now were headed to mediation over it. Heard though the grapevine that there is a possibility that they may attempt to bring up other policies they believe I had violated. In other words... after looking over video we noticed this stuff as well. Hearing conflicting accounts as to wether or not they can bring up other violations un-related to the one I was terminated for. If yes, do I have to answer for them? Or can I object to them doing an 11th hour maneuver like this when they had the chance to write me up for this in the first place. Then basically plead the 5th if you will and not answer any questions pertaining to my original termination.
    Last edited by Timeinabottle; 03-28-2016, 01:55 AM.

  • #2
    Legally, yes they can.

    Whether that is permissible under your union contract is a question only your union rep can answer. The law does not prohibit it. The CBA may.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Your union rep is your best advisor here. It all depends on your CBA, which we don't have access to read.


      • #4
        And it would also not be unusual for your CBA to be silent on this matter or not protect you from the employer then using one of the other reasons as the reason for termination. It would be extremely rare that an employer would be forced to overlook obvious wrongdoing by an employee because it wasn't initially discovered until after termination or was not spelled out as a reason for term. Rarely does an employer list every infraction when terminating.

        While your CBA may not require you to speak on your behalf or answer any questions, I can not imagine this helping your cause and I have been through a lot of mediations. Ask your rep. In any case, it has nothing to do with the 5th Amendment.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.