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What is a "grievance"?

In labor law, a "grievance" is a written claim that the labor union files for you against the employer. The grievance explains why the employer's actions against you were not for "good cause". The grievance generally asks for a specific "remedy" - such as giving you back your job (with back pay) or removing a letter of warning from your file.

Can I file my own grievance, without labor union help?

That depends on whether your union contract allows for a grievance to be filed without the union. You should look in your contract to see if it allows you to file a grievance on your own.

How soon do I have to file a grievance?

That depends on your labor union contract, which probably specifies deadlines for filing a grievance, which are often very short - sometimes a matter of days. You must file your grievance within those deadlines or you may forever lose your right to file a grievance.

How do I prove my grievance?

Ask your labor law union representative for help in proving your case. He will be experienced in proving grievances. Tell him about all of your evidence, including the testimony of other workers who know that you were treated unfairly, and any documents or reports that show that you did nothing wrong.

Is the union required to file a grievance for me?

Not always. The union may decide not to file a grievance for you if it has investigated your case and thinks that you probably won't win. The union's investigation should include talking to co-workers or other witnesses who you think would help your case.

What if the union won't help me?

If your union won't help you, it might have violated its "duty of fair representation". It is difficult to show that a union violated its duty of fair representation, but you might do so if you can prove one of the following:

The union treated you arbitrarily (e.g. it refused to conduct a basic investigation of your claim and told you it would not file a grievance for you), or;

The union illegally discriminated against you (e.g. it refused to file a grievance for you because of your race or sex), or;

The union treated you in "bad faith" (e.g. it refused to file a grievance for you simply because it didn't like you.)

If you think your union violated its duty of fair representation to you, first try to appeal your claim within the union. Ask your union for a copy of the union's constitution and bylaws to see if there is an appeals procedure within the union. You can also file a formal claim with the National Labor Relations Board ("NLRB") (find the telephone number for the NLRB under the "Government" section of the phone book) or you can file a lawsuit. You must file your claim or lawsuit within 6 months of when you learned that the union wouldn't represent you.

Such claims and lawsuits are very hard to win, so you should contact an attorney who specializes in labor law if you are thinking about bringing a claim or lawsuit against your labor union. Consult with a labor law attorney in your area for further questions.