Mr. Stark is an excellent employment attorney. He listens and respects client requests. He seems like a learned strategist, someone who can confidently approach the bench. I was grossly neglected by my ATU XXXX last year. My union delegate was a fool. The shop steward that had no knowledge of unio...nreports.gov or ERISA. The paratransit company I worked for was "transitioning" because it was forced to close all its offices in NYC by the MTA.
In the process, they switched into a "self funded" health insurance company through "collective bargaining." The company allowed the ATU to notify everyone of the change. I was never informed of anything! One day, during an appointment at the specialist's office I was informed that my premium health insurance was terminated! I frantically contacted my shop steward who my referred me to his boss - our delegate. Mind you, my shop steward had previously confirmed everything and said that I could petition!
My delegate then openly lied about offering COBRA coverage and then abruptly stopped communication. I immediately contacted the union Chief of Staff. But, instead of helping the lady was more focused on playing echo games on the phone. After several repeated calls she finally scheduled a conference call with the company execs. The union claimed they "posted" a notice on a board!
In despair I contacted Mr. Stark, based on a recommendation of an American woman in the area. Mr. Stark opened his door and researched laws that might be applicable. Stark stated it was unlikely that I would have a case, and then researched laws that might have been violated. He and I agreed that it is incumbent upon a union to help employees. So, I consulted the NLRB office in Brooklyn with the ammo I received from Stark. They gladly opened a case. The NLRB agent handling DID NOT obtain evidence from their office claiming that there was no signed affidavit available. The ATU XXX did not present a list of employees there were contacted!
The case was closed due to lack of evidence. I tried to appeal but the folks in D.C. said its categorized as union stupidity and that he office in BK didn't present anything useful. The NLRB in D.C. responded with the following: A union does not violate its duty of fair representation toward
a bargaining unit member so long as its actions are not unlawful. See Vaca v. Sipes, 386 U.S. 171
(1971). Without animus or discrimination, mere negligence, poor judgment or ineptitude does
not by itself constitute a breach of the Union’s duty of fair representation. Rainey Security
Agency, 274 NLRB 269 (1985); Teamsters Local 692 (Great Western Unifreight System), 209
NLRB 446, 448 (1974). In this case, there is insufficient evidence that the Union handled the
matter concerning health coverage changes in an unlawful manner. Rather, the Union’s alleged
failure to inform you about this change amounts to mere negligence. Under these circumstances
we cannot conclude that the Union violated the Act.
After talking to people in the area and looking at court cases against unions, I realized that not everything is investigated! Most of corruption (dirt) is allowed to be swept under the carpet. If I had known how these people are I would have never invested a penny! Can you imagine a union professional in charge of your pension and health insurance avoiding concerns on ERISA and union fiduciary matters.
The ATU jokingly hosted a meeting after the dust settled in January. Their attorney was video conferenced. I walked in by myself and explained what happened but they didn't do anything! In fact the Chief of Staff condescendingly compiled a list all the people who attended the meeting in reply to request for a grievance, claiming that it wasn't necessary.
Mr. Stark did not openly call the union's attorney on my behalf, insisting that I file a grievance instead.I don't believe Stark has the soft skills required