7.3.2 Unionized Employees

Employees in unionized workplaces may have rights enforceable under the union’s collective bargaining agreement, which usually specifies that termination must be for cause and provides a process to challenge adverse employment decisions. Such agreements will usually require arbitration of unresolved grievances. Clients may find legal representation through the union or through the private bar. If your client’s complaints include actions by the union as well as the employer, advise them about the union’s duty of fair representation and perhaps refer the client to the National Labor Relations Board to make a complaint.1

• 1See Nat’l Lab. Relations Bd.