Can an employee subjected to a collective bargaining agreement take legal action against his employer?
That depends on what avenue of action you want to take. Most collective bargaining agreements, also known as a CBA’s or union contracts, include a grievance procedure that may include arbitration. If the employer violates a provision of the CBA, you may find relief through the grievance and arbitration process. If the employer violates a right that is not spelled out in the CBA you may try contacting a board agent at the national Labor Relations board (www.NLRB.gov) to see if they have jurisdiction over your complaint (the NLRB enforces the National Labor Relations Act). Often, they will refer you back to the grievance proceedure in your CBA. Having said that, being subject to a CBA in no way precludes you from seeking legal relief on your own. A CBA does not overrule your rights under the constitution or state or federal statues. A good starting point would be to talk to your shop steward or other union representative at your place of work.
Related Questions
- As an employer, can I negotiate my responsibility to complete the I-9s in a collective bargaining agreement with a union?
- Can an employee who is being laid off also take an Early Separation Incentive under the collective bargaining agreement?
- Can an employee subjected to a collective bargaining agreement take legal action against his employer?
