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 ?
Employment / Labor Attorney
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?
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