Which of the following complaint procedures is a unionized employee likely to use

Q: Which law regulates unions actions with reference to their members?

In 1935, Congress passed the National Labor Relations Act (NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers full freedom of association.

Key Points

Despite having an "at-will" workforce, the majority of collective bargaining agreements prohibit an employer from disciplining at-will employees unless they can show "just cause." While often debated, "just cause" can be explained as an action that is reasonable under the circumstances, not offending notions of fairness and not unduly harsh, arbitrary, discriminatory or retaliatory.
An employer should negotiate and set forth a progressive discipline system in the collective bargaining agreement. This allows an employer to use increasingly severe measures of discipline if the employee fails to correct his or her conduct after having been given reasonable opportunity. Some examples of progressive discipline are typically oral reprimand, written warning, suspension and termination.
Regardless of whether it is explicitly expressed in a collective bargaining agreement, an employer must ensure that it provides the employee with the following procedural safeguards when imposing disciplinary action: opportunity to be heard prior to being disciplined; notice of disciplinary action and future hearing(s); union representation during investigatory interview; and the opportunity to question the accuser.

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At-will employment
Retaliation
Which law regulates unions actions with reference to their members?
What can a union ask for in an information request?
Which act contains a bill of rights of union members and requires unions to submit financial reports to the Secretary of labor?
Which Act requires an employer to negotiate in good faith with the unions representatives over conditions of employment?

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While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a complaint under certain employment laws.

State law gives employees protection in the following areas:

Minimum Wage Act, including overtime, paid sick leave, and tips and service charges.
Injured worker’s claims.
Safety complaints.
Discrimination in the workplace including sexual harassment and protected classes.
Protected leave.
Equal Pay and Opportunities Act including wage discussions and gender pay equality.

Depending on the situation, L&I will investigate your complaint or refer you to the appropriate agency. You may have additional rights against termination or retaliation under a collective bargaining agreement, in your employer’s policies, or under federal law. However, L&I does not have enforcement authority in these areas.

At-will employment

At-will employment means that employers do not need to establish cause or give notice before firing an employee. That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights.

Q. Is it legal to be fired from a job for no reason?
A. Washington is an at-will employment state. Businesses may fire any employee at any time, for any or no reason, as long as they are not violating any employee protection laws.
However, workers may request the reason for discharge by sending a written request to the business for a signed written statement of the reason for discharge and the effective date. See WAC 296-126-050(3) for details.

Q. Is it legal for a worker to be fired from their job without any notice?
A. The law does not require employers to give a worker notice before terminating their job. Employers are not required to give warnings or follow any particular steps before terminating an employee.

Retaliation

An employer cannot take adverse actions against an employee who exercises a protected right, files or intends to file a complaint, or who has discussed potential violations of their rights. Prohibited adverse actions may include:

Terminating, suspending, demoting, or denying a promotion.
Reducing hours or altering the employee’s work schedule.
Reducing the employee’s rate of pay.
Threatening to take, or taking action, based upon the immigration status of an employee or an employee’s family member.
Subjecting the employee to discipline, including write-ups, verbal warnings, points, etc.

If you think that you have been retaliated against for exercising your rights under the minimum wage act you can download and fill out a Retaliation Complaint Form (Minimum Wage Act & Paid Sick Leave) (F700-199-000) and mail it to the address on the form or drop it off at any L&I office.

If you believe your NLRA rights have been violated, you may file a charge against an employer or a labor organization. You can find charge forms here. Please contact an information officer at your nearest Regional Office for assistance.

The NLRB receives about 20,000 to 30,000 charges per year from employees, unions and employers covering a range of unfair labor practices described in Section 8 of the Act.

Each charge is investigated by Board agents who gather evidence and may take affidavits from parties and witnesses. Their findings are evaluated by the Regional Director, and in certain novel or significant cases, reviewed by NLRB attorneys at the Division of Advice in Washington DC. Typically, a decision is made about the merits of a charge within 7 to 14 weeks, although certain cases can take much longer. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director. Click here for charts and data.

When the NLRB investigation finds sufficient evidence to support the charge, every effort is made to facilitate a settlement between the parties. If no settlement is reached in a meritorious case, the agency issues a complaint. Common allegations against employers in complaints include threats, interrogations and unlawful disciplinary actions against employees for their union activity; promises of benefits to discourage unionization; and, in the context of collective bargaining relationships, refusals to provide information, refusals to bargain, and withdrawals of recognition. Common allegations against unions include failure to represent an employee and failure to bargain in good faith.

The issuance of a complaint leads to a hearing before an NLRB Administrative Law Judge (unless there is a settlement). After issuing a complaint, the NLRB becomes a representative for the charging party throughout settlement discussions and the Board process. Board attorneys help gather and prepare materials, and keep the parties apprised of case developments.

It is illegal for an employer or union to retaliate against employees for filing charges or participating in NLRB investigations or proceedings.

Remedies

Under its statute, the NLRB cannot assess penalties. The agency may seek make-whole remedies, such as reinstatement and backpay for discharged workers, and informational remedies, such as the posting of a notice by the employer promising to not violate the law.

Temporary Injunctions

While the case proceeds through the Board process, the Regional Director may petition the appropriate U.S. District Court for temporary injunction orders to restore the status quo where rights have been violated, under Section 10(j) of the Act. The General Counsel must first approve the petition and the Board must authorize it. If granted by the Court, an injunction may, among other things, require a party to return to bargaining, or reinstate unlawfully discharged employees, or stop the unlawful subcontracting of union jobs. Click here to see a list of 10(j) injunction activity, and see a map of 10(j) activity here.

Office of Appeals

Decisions to dismiss a charge may be appealed to the Office of Appeals in Washington D.C. within two weeks of the dismissal. The Office handles about 2000 cases a year. Each appeal is assigned to an attorney and a supervisor for a review of all documents in the case, including new information submitted by the charging party. All cases in which it is proposed to reverse the Regional Director's determination are presented to the General Counsel for decision.

Significant cases may be presented for General Counsel review even where the recommendation is to uphold the Regional determination. The Office may also remand cases to the regions for further investigation where necessary. Because such decisions are not reviewable in court, there is no further recourse for parties who believe that a charge has been unfairly dismissed.

For further information or for help in filing a charge, please contact an information officer at your nearest NLRB Regional Office.

Which law regulates unions actions with reference to their members?

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers' full freedom of association.

What can a union ask for in an information request?

As a steward, you may request information to: monitor compliance with the contract, investigate whether a grievance exists, prepare for a grievance meeting, decide whether to drop a grievance or move it up the ladder, or prepare for an arbitration hearing.

Which act contains a bill of rights of union members and requires unions to submit financial reports to the Secretary of labor?

The Labor-Management Reporting and Disclosure Act (LMRDA) grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations. The LMRDA establishes the following: Bill of Rights for union members.

Which Act requires an employer to negotiate in good faith with the unions representatives over conditions of employment?

Under Section 9(a) of the NLRA, employers must recognize and bargain in good faith with a union that has been certified as the exclusive bargaining representative for an appropriate unit of employees.