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I work for a union base company I currently find myself in a step 2 grievance regarding a article on over time

Portland, OR |

I had been informed by the manger that he now wants to bring a consultant vendor to this meeting and the union does not have a problem with this . This has nothing to do with the vendor product or procedure . HR has also been deceitful by claiming he is an employee when he is not , he does business with the employer . When the contract states “ This contract is between the employer and the unionize is this exclusive to only these two parties ? Is the employer within the right to do this to allowed for a third party to be part of the grievance process ? Is it legal or ethical when the HR person is being deceitful by saying he is an employee of the company ? Has the union violated it duty of fair representation ?

Attorney Answers 1

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Before anyone can provide clear answer, we would need to have a clearer understanding of the facts. Does it make a difference to the case whether the consultant is an employee or an outside consultant? What is the role of the consultant in the grievance meeting? If the consultant is there to help the employer figure out the right thing to do, it might be perfectly appropriate to have him there. Do you know a reason why he shouldn't be there?

The reason the contract states who the two parties are is (1) all contracts specify who the parties are, and (2) to make it clear that the union is the entity that enforces the contract, not the employees.

It is legal to lie; it is not ethical to lie.

Nothing you said even hints at the union breach of its duty of fair representation. It is representing you in the grievance process. Evidently you don't like that the union agreed to have the consultant present. Have you asked the union what the role of the consultant is during the grievance meeting?

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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