Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

word at work is that husband let go because of trying to get a union in New Jersey

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • word at work is that husband let go because of trying to get a union in New Jersey

    My husband finally got his paper work on why he was let go and there was no really truth in the letter. They said the do not tolarate joking around in there business. there for between that and his deleverblies were a little high they felt it was best that they part.

    That being said the guy who brought up this has been on his case for years, he doesn't like my husband.

    Anyways my husband was involved with other employes to try to get a union in the warehouse. This is there 3rd time trying. He was one of He and many others have signed cards already and the were 4 votes away from the bigger voting.

    Does he have any protection with the union or union rep?
    going crazy in nj
    Junior Member
    Last edited by going crazy in nj; 08-31-2007, 05:33 AM.

  • #2
    In a word.....maybe. Does he have protection from being fired for supporting a union...YES....but, proving it can be difficult in some cases. Your husband will need to speak with the union rep about what has happened. The "organizer" will know what to do, or who to speak with. Unless this is his/her first organizing blitz they will have dealt with this issue before....

    Good Luck !!!
    noiddodge
    Member
    Last edited by noiddodge; 08-31-2007, 06:20 AM.

    Comment


    • #3
      Have the other employees who were trying to get a union in also been fired?
      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


      • #4
        I see (could be wrong) some potential problems here. First off if Union was not successful in getting in having Op go to Union rep may do very little if anything. The Union isnt likely to fight for a non union member. Next is "at will" issue. Firing is not unlawful unless it falls in discrimination ( as desribed by law) catogory. Supporting a union does not. I am not saying what was done was right but it does appear to be lawful.
        http://www.parentnook.com/forum/

        Comment


        • #5
          Actually, supporting a union is protected by law. It doesn't fall under the EEOC but it is nonetheless illegal to fire someone for attempting to unionize.
          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


          • #6
            Ok thats good to know however in this case the company doesnt use this as reason for termination. I still interested as to why it would be suggested to see Union Rep as OP is not a due paying member of Union
            http://www.parentnook.com/forum/

            Comment


            • #7
              Originally posted by panther10758 View Post
              Ok thats good to know however in this case the company doesnt use this as reason for termination. I still interested as to why it would be suggested to see Union Rep as OP is not a due paying member of Union
              But he has been involved in trying to organize the workplace. If he was terminated for those activities, the union would certainly be interested as that would be an unfair labor practice.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

              Comment


              • #8
                True but the company isnt saying that the OP is assuming it. where I suspect hes right there is no proof.
                http://www.parentnook.com/forum/

                Comment


                • #9
                  Originally posted by panther10758 View Post
                  where I suspect hes right there is no proof.
                  I grant it is a possibility, but if the OP's husband was the only union organizer terminated after the most recent attempt, the case is pretty weak (especially since the boss "has been on his case for years").
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                  Comment


                  • #10
                    thank you for all your replys. We do have a call into the rep and some leds have said see what happens when you try to the union...

                    Know this is hear say at the warehouse.... which will not stand up...

                    My husband hasn't been happy their in a while that is why he was trying to make it a better place with the othe employes that wanted the union.

                    I just hope we get unemployment.... until he finds a new job...

                    Comment


                    • #11
                      Originally posted by going crazy in nj View Post
                      I just hope we get unemployment....
                      The company usually must demonstrate that he quit without good cause OR he was fired for misconduct.

                      So, unless they can show he did something wrong, he might get unemployment.

                      Even then, they will have to show that they either used progressive discipline OR show the conduct was so bad as to warrant immediate termination.
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                      Comment


                      • #12
                        Originally posted by going crazy in nj View Post
                        My husband finally got his paper work on why he was let go and there was no really truth in the letter. They said the do not tolarate joking around in there business. there for between that and his deleverblies were a little high they felt it was best that they part.

                        That being said the guy who brought up this has been on his case for years, he doesn't like my husband.

                        Anyways my husband was involved with other employes to try to get a union in the warehouse. This is there 3rd time trying. He was one of He and many others have signed cards already and the were 4 votes away from the bigger voting.

                        Does he have any protection with the union or union rep?
                        Hi Going Crazy in NJ:

                        Sorry to hear about your misfortune.

                        1) Your husband should file for Unemployment Benefits, if he has not done so already.

                        2) If he truly believes that he was fired for union activity, he can file an Unfair Labor Practice charge with the National labor relations Board (NLRB). I would expect the Union to help him with this. However, keep in mind that the current NLRB, under the Bush Administration, is pro-management.

                        3) If other union supporters were fired or disciplined, ask your husband to get together with them so that they can make a stronger case for each other.

                        Good luck!
                        In Solidarity,

                        Wayne

                        www.waynemarshall.org

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X