I was dafamed, demoted and transfered out to the different brach. i lost about 45% of my income.
When I complained to union - they did absolutely nothing and closed my case. When I complained to company corp office - they also did absolutely nothing and on top blame me for transfer - they calimed I asked for it. Which is false -I wrote a complaint about protesting all these.
And it realy hurt me, I diagnosed with PTSD and low thyroid that I did not have before.
I tty to find an attorney - but so far nobody wants to do contingency
What to do ?
My manager claimed that i vandalize companies locker. She did it to cover the other employee that actually did it. So blamed me to many people and other managers. Whe those managers were asked about it - they lied . Our district manager is runnig the show and they all afraid of him and do what he says. He hated me when i called and told him what happend.
As a union member, it is likely that you are subject to the provisions of a collective bargaining agreement that provides for exclusive remedies to challenge demotion or transfer. Since you did not pursue those processes, it is likely that the employer is not subject to legal claims by you for these employment actions. However, you should review the terms of the collective bargaining agreement yourself, and perhaps consult with a local employment attorney with the cba in hand to determine whether your are now foreclosed from legal action by the provisions of the cba.
As for any action against the union, under most union agreements, the union is required to represent the employee up through a defined level of appeal of a negative employment event, often not to the level of a fact-finding procedure of arbitration or other evidentiary process. Usually the judgment call as to how far to pursue the challenge of the employment action is reserved to the union, and the union's exercise of that discretion will not ordinarily support a claim for failure of the obligation of fair representation. Again, it may be that your agreement with your union is not typical, so an independent review of its terms with counsel would be the best course.
You can consult with a local work comp attorney to determine whether your PTSD and thyroid problems can be the basis of a work comp claim.
As for a potential defamation action, you haven't stated a sufficient factual summary for any analysis of that potential claim. In most instances, however, a defamation claim against an employer is prolonged, expensive, and uncertain as to outcome. If you have not been able to find an attorney willing to take this matter on contingency, it is likely because the case is not strong and cannot be expected to resolve in your favor. It would be untenable for you to attempt to fund a defamation case out of your own pocket.
I am sorry you have had to go through this. It sounds like a very painful experience.
I agree almost completely with Attorney McCall. I disagree somewhat regarding the obligations of a labor union with respect members of the bargaining unit (the group of employees who are within the union's jurisdiction).
Unions represent the bargaining unit, not individual employees. When they file a grievance on behalf of an employee, it is really on behalf of the bargaining unit and done in an effort to enforce the collective bargaining agreement (contract) with the employer. Sometimes, a bargaining unit member wants to pursue a grievance that may benefit that one member, but would harm a large number of other bargaining unit members. This is a difficult situation because most unions want to represent the employees and will do so to the extent possible, but when there is a conflict between or among bargaining unit members, it gets complicated. A union is allowed to act in the best interest of the bargaining unit, based on its own judgment of what the "best interest" is.
Unions have limited resources, contrary to the public image. Many union representatives are unpaid for their work, or paid for only a small part of their work. The rest is voluntary, and their union work often eats up the employee's own vacation or paid time off, and cuts into their family and personal life. And they are going against employer representative who are paid well to fight them. It's not an equal battle ground, and most unions do the best they can with what they have available in terms of personnel and money.
Because of the limitations I mention above, unions are not required to pursue every grievance, even if it has merit, as long as the decision is not arbitrary, discriminatory or in bad faith. These three terms have particular definitions in union law, and a much higher level of wrongdoing is required than would be for a claim of negligence.
Even so, many unions will pursue a grievance even in situations of conflict because they want every bargaining unit member to have representation. They are less likely to move an unsuccessful grievance to arbitration -- where there is third-party, neutral decision-maker.
If you want to pursue a claim against the union for breach of its duty of fair representation, note there is a six-month time limit in which to do so.
