Can I Bring a Wrongful Termination Claim if I'm in a Union?

Unions grew in popularity in the United States to provide greater protection to employees. In the early 1800s, employees began to demand better wages and safe working conditions from factory and industrial employers. Employers were not keen on these new and increasing demands. Unions were formed to give employees a stronger bargaining voice.

Today, labor unions provide an extra layer of protection to employees from unfair labor practices. These extra protections become important to union employees who make a wrongful termination claim.

Role of the Collective Bargaining Agreement (CBA) in Union Jobs

Union members are co-workers who unite and let the union negotiate on their collective behalf. This ensures the workers get fair representation. A collective bargaining agreement (CBA) is a contractually binding agreement between the union representing the employees and the employer. These agreements are the result of extensive negotiations between the parties.

A CBA has three areas: mandatory, voluntary, and illegal. Mandatory terms are those legally required by the National Labor Relations Board (NLRB), the National Labor Relations Act, and the U.S. Department of Labor. Voluntary terms are those that are legally required and are typically negotiated between the parties. Illegal activities are those that would violate the law if done. These are common topics that are negotiated and included in a CBA:

• Salary/commission
• Bonuses/benefits/medical leave
• Conditions of employment
• Working hours
• Job duties
• Seniority
• Workplace safety and related regulations
• Discipline and discharge procedures
• The grievance process

Just Cause for Firing a Union Employee

Most union CBAs include a “just cause” clause that protects union employees. This gives union employees more job protection than at-will employees not in a union. Generally, it means the employer must have a legitimate reason for terminating an employee. Common examples include poor performance, misconduct, or violating company policies. Typically, the union contract will define what “just cause” means for a particular employment contract agreement. When determining if an employee was terminated for just cause, there are several factors considered:

• Fair notice
• Prior enforcement
• Due process
• Substantial evidence
• Equal treatment
• Progressive discipline
• mitigating or extenuating circumstances

Process of Bringing a Wrongful Termination Claim as a Union Employee

If an employee believes they were wrongfully terminated, the first step is to review their union’s CBA. They should also contact their union representative and inform them of the situation. It is essential to retain anything the employee may have in writing that can support their claim.

Employees with wrongful terminations related to unpaid wages, safety on the job, employment discrimination, workers’ compensation, or other work-related issues will go through the relevant government agency. For example, the Equal Employment Opportunity Commission (EEOC) handles discrimination claims, and the Occupational Safety and Health Administration (OSHA) handles workplace safety issues. Each agency has its own grievance process. It is essential that employees follow the required process, or they risk forfeiting available rights for protected activities.

Sometimes, termination is related to union activities or a violation of the CBA. An employee must file a complaint with the Regional Office within six months of the occurrence. The Regional Office will investigate the charge and issue a complaint if it is determined to be a valid claim.

However, unions tend to have broad discretion for whether or not they will participate in advocating for the employee. If the union advocates for the employee, it may negotiate with the employer for back pay, reinstatement of your position, or another remedy. If negotiations fail, the next step is to take the grievance through an arbitration process. The arbitrator is a dispute resolution professional outside the court system. They are a neutral third party that will make a binding decision for the employee/union and employer.

“If you believe you are experiencing retaliation or reporting discrimination for requesting a reasonable accommodation, make a new timely written complaint and writing remain engaged in any investigative process,” says Heather Hardinger, an employment litigation attorney at The Meyers Law Firm in Kansas City, Missouri.

Differences From Non-Union Wrongful Termination Claims

All states except Montana are at-will employment states. In these states, you can be terminated anytime and for any reason that doesn’t violate state law, federal law, or public policy. If you have evidence that you were wrongfully terminated, your recourse is to file a wrongful termination lawsuit. Common legal reasons for wrongful termination include termination because of an employee being a whistleblower, discrimination, or filing a workers’ compensation claim.

This avenue of recovery is available for union employees. However, they also have a separate ability to seek recovery through their union. Employees who can show they were wrongfully terminated may file a lawsuit through the court system and a complaint with their union.

Another situation is when the employee wasn’t wrongfully terminated but still wants to fight the termination. This can happen when the employee feels like the termination violates the union contract. While the court’s legal process isn’t available, they can still go through the grievance procedure with their union. While the employer may not have violated the law, it could have violated its collective bargaining agreement with the union.

Get Help From an Employment Law Attorney

If you believe that you have been wrongfully terminated and are a union member, speaking with a lawyer can help you understand your rights. An attorney who focuses their practice on labor law related to union matters will be able to provide the most guidance. “Absolutely consult with an attorney,” says Hardinger. “You can file a charge of discrimination without an attorney. Though you don’t need an attorney to file one… if you’re going to work with an attorney, [they] will want to help craft that charge of discrimination.”

With legal advice from an employment lawyer, you will be able to seek compensation for your wrongful termination through the appropriate legal action. Visit the Super Lawyers directory to find an employment lawyer. For more information, read our guide on what qualifies as a wrongful termination claim.