Pursuing a grievance without the union

[Gaoler]

I know none of you are familiar with the particulars of my union (VSEA), but I'm hoping someone might have some info that still applies.

I want to file a grievance against the state (my employerer) but the union won't back me. I know that reduces my chances of winning, but I feel very strongly about this and think I can win if I am able to present to a neutral party.

[Crosstimbers Okie]

Why will the union not back you? You need to read the governing law and your contract, to see what they say on the subject.

In the Bureau of Prisons for instance, an individual may take a grievance to arbitration despite the union's opposition if the individual pays the portion of the costs that the union would normally pay.

This would be an option for someone who has professional liability insurance that provides an attorney to prevent the case.

Here's a good resource to help you get started... if you really think you are up to the task.

http://forum.freeadvice.com/index.php

[darkman]

Originally Posted by Gaoler

I know none of you are familiar with the particulars of my union (VSEA), but I'm hoping someone might have some info that still applies.

I want to file a grievance against the state (my employerer) but the union won't back me. I know that reduces my chances of winning, but I feel very strongly about this and think I can win if I am able to present to a neutral party.

I haven't read anyone else's responses.. My suggestion is forget any contract your "union" may have. Research your states Labor Board. I could steer you in a better direction if I knew what your actual complaint was about.

With your states labor board you can file, if you have a "covered" compliant and shouldn't need the union to back you in any way.

[Gaoler]

Well I just filed my Grievance with the State today. It'll get knocked down I'm sure and then I'll have to go to the next step (which I'm sure will get knocked down too) then eventually to the State Labor Relations Board (where I hope too win). If this grievance goes well then I'll be filing an Unfair Labor Practice against the union.

Wish me luck. Sucks that I have to do all this myself. I barely understand the rules and procedures I'm supposed to be following. I'm most worried about loosing due to a technicality. Hopefully I'll get a little bit of slack due to having no representation other than myself.

[ibesarcasm]

Wow!! Sorry about your situation...... however, keep this in mind, not ALL unions are like that. Second, YOU run the union......not your e-board. Did you take your greivence to a meeting and make a motion to go forward with it?? If it is seconded and voted as a yes..... they HAVE to go forward with it. If yours ends up like ours with a few members attending, bring a few friends with you who would like to see it go forward.

Lastly, if you feel you union is not justly representing you as a membership......run against them and make it a GOOD union!

[ya right]

If your right and a grivable act has been committed against you and you feel your local is selling you short failing to rep. you you have recource against them for failer to rep you as well as the agency your work for, but since i don't know the detail try to look at it as if your a trird party looking at it. and if your crying over spilt milk suck it up and drive on.

Remeber A GOOD PERSON IS A GOOD PERSON AND A ****HEAD IS A ****HEAD IT DOESN'T MATTER WHAT THEIR TITLE IS

[Mack the Hack]

Originally Posted by Crosstimbers Okie

Why will the union not back you? You need to read the governing law and your contract, to see what they say on the subject.

In the Bureau of Prisons for instance, an individual may take a grievance to arbitration despite the union's opposition if the individual pays the portion of the costs that the union would normally pay.

This would be an option for someone who has professional liability insurance that provides an attorney to prevent the case.

Here's a good resource to help you get started... if you really think you are up to the task.

FreeAdvice Legal Forum

I am sorry Crosstimbers but for other BOP people and for AFGE Members I think I may wish to speak up on this issue. I do not think the information you provided is accurate. I believe in the Master Agreement it states that the Union is the only group or person who can elevate a case to the level of arbitration. That and the agency of course but in the case of a bargaining unit position the Union is the only entity that can elevate it to the level of grievance. However the Union does have a responsibility to represent all employees up to that point. I am not positive on this but you may wish to check the Master Agreement. I am 99% sure though.

That is Only in the BOP by the BOP Contract.

[Crosstimbers Okie]

The Master Agreement states that the union will take it to arbitration if the employee agrees to pay the union's share of the cost of arbitration.

[LIFERatUSPLEW]

Not trying to highjack the thread with my question, but it fits here. Here's the story:
3/19 6:45am Lt assaulted by inmate taken to hospital. Institution locked down.
3/19 1:38pm Acting warden decides to to end lockdown the following morning. Lt still in hospital with serious concussion
3/19 5:30pm My response to Acting Wardens email about remaining locked down and doing some shakedowns and sending a message to inmates not touch staff.
4/4 Yearly performance appraisal down graded from outstanding to exceeds based on e-mail to acting warden with a memo from acting warden stating that as the reason
4/11 informal resolution letter to union
4/29 unions informal resolution letter to new warden
5/6 wardens response fully supporting acting wardens decisions
5/13? Formal grievance filed by union
6/2 Congressional investigation to investigate acting wardens disciplinary action against me
6/3 form B'd for the first of 3 investigations
6/24 RD response to Congressional investigation denying any wrong doing by acting warden
7/29 Form B'd on 2nd and 3rd investigation all of which I consider to be grasping at straws
10/20 10 days street time proposed for a minimal infraction at best

LT still not back to work due to his injuries

2 weeks shy of 17 years in the BOP. Never been in trouble once. always exceeds or outstanding evals. numerous awards and QSI's,ect. joined the union 9 months earlier, excersised my rights as a steward and now I'm a piece of crap.

What do you think? Okie, Darkman, whoever?

[Gaoler]

So from what I've read it looks like your facility was locked down for a pathetic amount of time, an acting Warden said to come up from it, you emailed him saying you thought it was a bad idea (I'm assuming it was a polite and professional email, not a "you dumb ass, what the hell do you think you're doing?" type). You were given a poor review and that email was given as the reason. You complained about it to the proper people saying that it was unfair to be given a lower review simply for questioning your orders (but not refusing to do them, once again I assume). For bringing the complaint you were suspended for 10 days.

That about the gist of it?

If so, HOLY HELL! If the union won't do anything about it or can't, I'm sure there must be a money hungry lawyer somewhere that is able to get things done for you.