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discrimination and harassment, new jersey New Jersey

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  • discrimination and harassment, new jersey New Jersey

    I wrongfully received a "write-up". Long story.

    I responded with a grievance for harassment and discrimination.
    the manager would always threaten me and send me very awkward and bizarre text messages to my phone. he doesn't give other people write ups even when they do very wrong things, but he has already given me 4.

    Our union/employer contract states that the employer must respond within 10 days at the first step, within 5 days at the second step, 7 at the third, and then 5 before arbritration.

    The employer did NOT respond within 10 days. It took them nearly 20 days to simply respond with a brief paragraph. They did not respond to anything I said, only that the writeup would remain.
    No one met with me, no one called me. The chief shop steward never called me, never met with me, NOTHING.. I told my department steward that I want to appeal. he passed the message to the chief shop steward, but the chief shop steward hasnt replied to emails or phone calls. From the day I filed, it has been well over 1 month.

    I want to tell my department shop steward that I am not receiving "duty of fair representation" by the union, and that I am considering bringing legal action against the union; and against the employer for breach of contract. To let them know that I am serious and not folding in their game.

    Before I put that on the table, does anyone have any suggestions? Should I just go ahead with legal action, without mentioning anything to the shop steward? How soon could I begin legal action against either the union or employer?
    Should I call the NLRB?


    I have paid well over $3000 in union dues. What am I paying that money for if the union doesn't do anything?

    Thank you

    Last edited by jwdelbuono; 09-13-2011, 03:13 AM.

  • #2
    You can't initiate legal action. Even if you weren't a union member, based on the information you've provided your employer has done nothing illegal.

    However, you are a union member and so your only possible recourse is through the union. If you are unsatisfied with the union's performance in this area, you may contact the NLRB to see if they will accept a formal complaint from you.

    Comment


    • #3
      harassment and discrimination? legal?

      Comment


      • #4
        Not all harassment and discrimination is illegal. You should read over the union contract to see what steps you can take to try to force the union to appeal for you.

        Comment


        • #5
          Originally posted by jwdelbuono View Post
          harassment and discrimination? legal?
          Harassment is only illegal if it's based specifically and directly on things like your race, gender, religion, age (but only if you're over 40), and/or disability. Harassment based on things other than what I've listed here is most likely legal. Nothing in your posts indicates that the treatment you've been receiving is specifically because of things like your race, gender, religion, age (but only if you're over 40), and/or disability. Ergo, what you've been experiencing is probably legal.

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          • #6
            Originally posted by eerelations View Post
            Harassment is only illegal if it's based specifically and directly on things like your race, gender, religion, age (but only if you're over 40), and/or disability. Harassment based on things other than what I've listed here is most likely legal. Nothing in your posts indicates that the treatment you've been receiving is specifically because of things like your race, gender, religion, age (but only if you're over 40), and/or disability. Ergo, what you've been experiencing is probably legal.
            Okay, what about "duty of fair representation"?

            my union rep hasnt even given me a copy of the grievance report and response.

            the write-up was given for no other reason than that the manager doesn't like me. everyone knows it and says that he has been after me for a long time.
            Last edited by jwdelbuono; 09-13-2011, 09:33 AM.

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            • #7
              Writing you up because the manager does not like you is legal. It may not be fair, but it is legal. It is not a "wrongful" write up in a legal sense.

              Based on what you have posted, your sole course of action is through your union. You have posted nothing that the law will take a stand on.
              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.

              Comment


              • #8
                I might just clarify one of eerelations's posts above - in NJ age discrimination
                protection law is ages 18 to 70. (federal law 40 & over)
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Your union is only obligated to follow their contract. They are not there to fight every battle you want for them to fight. If you filed a complaint that either did not have merit or was for entirely legal actions, they do not owe you a duty to fight it anyway.

                  If it isn't harassment or discrimination, your union does not and should not, treat it as though it is. Bizarre text messages are also not against the law. You can only grieve violations of the CBA
                  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.

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                  • #10
                    Originally posted by jwdelbuono View Post
                    Okay, what about "duty of fair representation"?
                    This isn't harassment and/or discrimination, illegal or otherwise.

                    As I said way back when, if you're unsatisfied with your union representation you may file a complaint with the NLRB. This is your only recourse.

                    Comment

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