http://directorhrjobs.com/what-do-i-do-when-my-human-resources-manager-is-trying-to-avoid-scheduling-my-step-3-grievance-hearing/ Human Resource Director Jobs Thu, 17 Feb 2011 02:02:34 +0000 hourly 1 http://wordpress.org/?v=3.1 http://directorhrjobs.com/what-do-i-do-when-my-human-resources-manager-is-trying-to-avoid-scheduling-my-step-3-grievance-hearing/comment-page-1/#comment-2137 fried twinkies Sun, 27 Sep 2009 11:06:51 +0000 http://directorhrjobs.com/what-do-i-do-when-my-human-resources-manager-is-trying-to-avoid-scheduling-my-step-3-grievance-hearing/#comment-2137 Make a blog about what a wiener he is. Make a blog about what a wiener he is.

]]> http://directorhrjobs.com/what-do-i-do-when-my-human-resources-manager-is-trying-to-avoid-scheduling-my-step-3-grievance-hearing/comment-page-1/#comment-2136 Heller Sun, 27 Sep 2009 05:29:10 +0000 http://directorhrjobs.com/what-do-i-do-when-my-human-resources-manager-is-trying-to-avoid-scheduling-my-step-3-grievance-hearing/#comment-2136 I'm not 100% sure how to respond but consider this: You could probably try to establish that the union breached its duty of fair representation. However, mere negligence in the handling of a grievance is not enough to amount to a breach. So long as the union is making reasonable choices and acting in good faith, it’s OK. Wanton recklessness- might be enough to establish a breach of fair representation. (you could consider going down that road) You might be able to just file a grievance directly with the employer. § 9(a) of the NLRA gives exclusive rights to the union for bargaining EXCEPT that an individual has the right to present grievances directly to the employer, provided that: The grievance is consistent with the collective bargaining agreement; The union has been given the opportunity to have a representative present. So take a look at your collective bargaining agreement and see what you can do. I’m not 100% sure how to respond but consider this:
You could probably try to establish that the union breached its duty of fair representation. However, mere negligence in the handling of a grievance is not enough to amount to a breach. So long as the union is making reasonable choices and acting in good faith, it’s OK. Wanton recklessness- might be enough to establish a breach of fair representation. (you could consider going down that road)
You might be able to just file a grievance directly with the employer. § 9(a) of the NLRA gives exclusive rights to the union for bargaining EXCEPT that an individual has the right to present grievances directly to the employer, provided that: The grievance is consistent with the collective bargaining agreement; The union has been given the opportunity to have a representative present. So take a look at your collective bargaining agreement and see what you can do.

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