so I did not know I was short until 3 weeks later. I have no idea where the money could be. If I would have known how much I was suppose to have, I would of torn the place apart looking for it. My union represented me at the hearing with the employer but at the board meeting they decided not to take my case to arbitration. Can I sue my union for Non Representation?
Practically speaking, such a case is difficuly. The duty of fair reresentation is one where the union has broad discretion in bringing abritration cases. The failure to bring such as case is reviewed by court's using an arbitrary and capricious standard, which in effect, is a tough one to convince the court that the union made an improper judgment call. If the union refuses to take cases to arbitration, you may have a better shot or if there is an obvious violation of the CBA or a union past practice. You really need a good lawyer skilled in labor law to review this to see if there is anything that can be done.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline