Union Advice Concerning the Termination of an Employee

[dwcfireman 656]

I'd like to preface this that I am 100% asking this question for a friend.  It does not concern me nor my employer.

 

So, recently a friend of mine approached me about the termination of a union employee.  My friend looked to me because I have union experience as a local president and representative.  Without getting into the details of the termination,  I would like to find out some information from other emergency professionals whether you have information or experience regarding the termination of a unionized emergency services employee.  If anyone could provide an example of a situation, how the termination was handled, if a grievance was filed, and the outcome of said grievance, I would appreciate every bit of information that you could provide.  I've never dealt with a situation like this, and I would love some assistance from my fellow brothers and sisters to help our brothers and sisters who are currently dealing with this situation.

 

I will reiterate that I cannot share information of the situation out of the sheer respect for those involved.  I understand that it may be difficult to share information or experiences without knowing the full story, but if any one can provide basic examples or situations it would be highly appreciated.

[Dinosaur 844]

This isn't the forum for such a question.  There's really no guidance you can get from us keyboard commandos without specific information, the kind of information that (a) doesn't belong here and (b) could reveal the identity of the agency or person.  

 

Suffice it to say that terminating a union employee is not taken lightly and there are statutory and contractual considerations before it can happen.  Most jobs don't want to get it reversed in court so they're very careful about taking such drastic action so they must have dotted the i's and crossed the t's.  

 

[dwcfireman 656]

Dinosaur, thank you.  I know this isn't the best place to ask for advice.  I was looking to see if there was anyone that could help out and maybe pass along any available information that could help.

 

As to this particular situation that I'm trying to assist with, I actually don't need any further assistance.  My friend was able to reach out and find the correct route to go.

[gamewell45 258]

On 9/26/2017 at 0:11 AM, dwcfireman said:

I'd like to preface this that I am 100% asking this question for a friend.  It does not concern me nor my employer.

 

So, recently a friend of mine approached me about the termination of a union employee.  My friend looked to me because I have union experience as a local president and representative.  Without getting into the details of the termination,  I would like to find out some information from other emergency professionals whether you have information or experience regarding the termination of a unionized emergency services employee.  If anyone could provide an example of a situation, how the termination was handled, if a grievance was filed, and the outcome of said grievance, I would appreciate every bit of information that you could provide.  I've never dealt with a situation like this, and I would love some assistance from my fellow brothers and sisters to help our brothers and sisters who are currently dealing with this situation.

 

I will reiterate that I cannot share information of the situation out of the sheer respect for those involved.  I understand that it may be difficult to share information or experiences without knowing the full story, but if any one can provide basic examples or situations it would be highly appreciated.

I might be able to be of assistance; I have quite a bit of experience in the labor field serving as a union officer as well as grievance chairman, most of it being in the private sector.  If you want I'll supply you with an email address to contact me.

[FireMedic049 597]

On 9/26/2017 at 4:46 PM, Dinosaur said:

Suffice it to say that terminating a union employee is not taken lightly and there are statutory and contractual considerations before it can happen.  Most jobs don't want to get it reversed in court so they're very careful about taking such drastic action so they must have dotted the i's and crossed the t's.  

 

 

That hasn't exactly been what I've seen from the large city near me.  They've had several employees across different city departments that have been reinstated, largely due to violations of due process, in some cases, rushing into terminating the employee.

[gamewell45 258]

6 hours ago, FireMedic049 said:

 

That hasn't exactly been what I've seen from the large city near me.  They've had several employees across different city departments that have been reinstated, largely due to violations of due process, in some cases, rushing into terminating the employee.

I've been involved as a union rep in numerous discharge cases and as a rule have the burden of proof; in most of them management doesn't do their "homework" and the employee ends up being reinstated, many times with full back pay and benefits as well.  It's also important to remember that the  union is not there to "protect" the employee, rather they are there to "represent" the employee .

[FireMedic049 597]

33 minutes ago, gamewell45 said:

I've been involved as a union rep in numerous discharge cases and as a rule have the burden of proof; in most of them management doesn't do their "homework" and the employee ends up being reinstated, many times with full back pay and benefits as well.  It's also important to remember that the  union is not there to "protect" the employee, rather they are there to "represent" the employee .

It's also important to remember that the union is there to protect the process.  If you don't protect the process when an employee is disciplined, particularly when the employee may very well deserve the discipline or termination, then you set a dangerous precedent whereby someone in the future who doesn't deserve to be disciplined or terminated is harmed. 

 

It may not be easy or popular to represent an employee who may deserve the discipline or termination, but they have the right to representation and the union has an obligation to do so.  It's not the union's fault if the employer fails to follow proper procedure and the discipline or termination is overturned.  It's all no different than a person accused of a crime having the right to an attorney, the defense attorney having the obligation to represent them to the best of their ability and the police and DA having to follow the proper procedures in building and trying their case in order to avoid it being thrown out on a technicality.