请教这里懂工会GRIEVANCE PROCESS 的兄弟姐妹,

w
win-win
楼主 (文学城)

请教这里懂工会GRIEVANCE PROCESS 的兄弟姐妹,我的termination grievance   现在到了arbitration, 我需要做些什么吗?

具体情况是这样的: 我在延期试用期到期(我老板在我试用期到期前给我延期转正)前一周时被terminated, 我本人没有做错什么事情, 只是老板总把我和前任(前任做了30年)比较, 另一个老同事总是撒谎,弄得老板总觉得我不听他指挥。。在我工作期间, 我老板有两次冲我大声喊,我当时没有向HR 汇报。 我被裁后, file 了 harrassement report,  工会和单位找了第三方调查, 调查结果出来后,工会帮我 file 了 grievance, remedy 是要求恢复我的工作,现在几个月过去了,工会告诉我说, 我的 grievance was referred  to arbitration. 

我的问题是,

1. 到了这一步, 我能做些什么尼?

2. 我需要找律师吗?

3. artitrator 是不是会偏袒雇主?

4. 是不是到了arbitration这步,我的工作是不是绝不可能恢复了?

5. 如果不能恢复工作,我该要多少COMPENSATION 合适?我在原单位工作了8个月。

真心求教, 抛砖的就免了。 先谢谢了.

 

w
win-win
忘了说了, 我在加拿大。
w
win-win
没有人知道么?真心求救。谢谢。
废话多多
提供一些

在美国的经验:

1. 到了这一步, 我能做些什么尼?

    劳资纠纷时如何处理,公司有一定的政策。人事和工会对这些政策都很清楚,所以你的这些问题都可以问你的工会代表人。

2. 我需要找律师吗?

    同(1)。

3. artitrator 是不是会偏袒雇主?

    不会,但可能做出对你不利的结论。

4. 是不是到了arbitration这步,我的工作是不是绝不可能恢复了?

    不大可能,因为你是在试用期。可以试着要求换个部门,但是否有管理愿意接收,则是另外一回事儿了。只是你还愿意在这个公司继续做下去吗?

5. 如果不能恢复工作,我该要多少COMPENSATION 合适?我在原单位工作了8个月。

    取决于仲裁结果。

 

可以到隔壁《法律咨询》论坛问一下。不过他们说话比较直,做好心理准备。

 

w
win-win
谢谢多版主。很好的建议。
苏梅
文文, 请看进来:

请你先不要给自己预想一个不好的结果. 从你的陈述, 你是在理的一方. 更不要在情感上让自己现处于被" 打败" 的模式, 另外, 你一定要坚持争取对自己有利的结果, 特别是你有工会的律师.

对律师不要迷信, 自己做一些研究, 对基本的法律概念和双方的利益冲突有一定的了解, 律师很多时候其实并不比你懂得多. ( 这里指的是你所处的困境的细节, 案件中, 细节和证据是关键, 好的律师能够灵活使用细节和证据). 细节决定成败. 自己要对工会的律师( 或者你自己的律师)表明自己的立场. 不要被别人的判断所动摇. 你对自己的处境是最清楚的.

我不是学法律的, 假如arbitrator 只看paper work来做判断的话, 你现在找律师有什么用呢? 如果, arbitration 涉及当面交谈, 可以考虑找律师, 关键是好的律师不好找. 请你问问你当地的朋友们( 主流社会中有丰富的社会资源的朋友们) 对你的情形的建议. 我对你的case的直觉是: 请你不要放弃, 不要给自己预测一个不好的结果. 很明显, 你的老同事( 爱撒谎的那位) 是一个 职场里的gasligher, 你可以搜搜gasligher的定义.

祝你好运! 请你不要放弃.

w
win-win
谢谢苏梅。 我下周准备联系工会看看他们是不是有现成的律师代表我。
云雾山中找捷径
一点建议就是把工会与公司和合同读一下。看看是他一条合同违反了。然后

你把没有违反的证据陈述清楚。时间,地点,人物,经过详细的的过程。你说的做的,他们说的做的,有不有其他人在场。仔细地记录好。你还可以文对方都不有documented incidents。如果没有documents。他们就没有证据。

再就是同你的工会的代表要沟通好。一般工会代表是为工会会员服务的,不要随便认错。但愿你能把这事办好。

w
win-win
谢谢。工会 file grievance 已经指出雇主违反了 不止一条 collective agreement。

现在就看ARBITRATOR 怎么裁决了。

圆老扁
ChatGPT 跟苏梅说的大致一样 看一下吧:8

If your termination grievance has proceeded to arbitration, it is important to understand the arbitration process and to prepare for the hearing. Here are some steps you can take:

 

Understand the Issues: Review the termination grievance that was filed on your behalf and become familiar with the issues being raised. This will help you understand what the hearing is about and what evidence you may need to present.

 

Gather Evidence: Identify any evidence that may support your case, such as documents, witness statements, or other information that can help to prove that your termination was unjustified. Make sure to gather all relevant documents and have them organized and ready for the hearing.

 

Consult with Your Union Representative: Your union representative will be your advocate in the arbitration hearing, so it is important to communicate with them regularly throughout the process. They can advise you on the process, help you prepare your case, and represent you during the hearing.

 

Attend the Hearing: Attend the arbitration hearing and be prepared to present your case. The arbitrator will listen to both sides, review the evidence, and make a decision. You may be called to testify and answer questions, so be prepared to do so.

 

Follow Up: After the hearing, follow up with your union representative to find out the outcome of the arbitration. If the decision is in your favor, you may be reinstated to your job or receive other forms of relief. If the decision is not in your favor, your union representative can advise you on any further steps that may be available to you.

 

Remember, the arbitration process can be complex, so it is important to have a good understanding of your case, be prepared, and work closely with your union representative throughout the process.

圆老扁
ChatGPT 对要不要律师的建议

 

Union Grievance vs Arbitration

 

 

[email protected]

Tell me the differences between unionized organization's

 termination grievance vs arbitration, 

 

In a unionized organization, a termination grievance is a formal complaint or dispute raised by a union member who has been terminated from their job. The purpose of the grievance is to challenge the termination and seek some form of relief, such as reinstatement or compensation for lost wages. The grievance process is usually outlined in the collective bargaining agreement (CBA) between the union and the employer.

 

Arbitration, on the other hand, is a dispute resolution process in which an impartial third party, known as an arbitrator, is appointed to hear and decide the case. Arbitration may be used to resolve disputes that cannot be resolved through negotiation or the grievance process. In the context of a termination, arbitration may be used if the union and the employer are unable to resolve the termination grievance through the grievance process.

 

The main differences between a termination grievance and arbitration in a unionized organization are:

 

Purpose: A termination grievance is specifically related to a termination decision, whereas arbitration can be used to resolve any type of dispute.

 

Process: The grievance process is usually outlined in the CBA, whereas the arbitration process is typically governed by state or federal laws.

 

Decision-maker: In a termination grievance, the decision-maker is usually a supervisor or manager within the organization. In arbitration, the decision-maker is an impartial third party, the arbitrator.

 

Finality: The decision reached through the grievance process is usually final and binding, meaning that the parties must accept the decision. In arbitration, the decision of the arbitrator is usually final and binding as well, but there may be limited opportunities for appeal in some cases.

 

Outcome: The outcome of a termination grievance may be limited to specific remedies, such as reinstatement or compensation for lost wages. In arbitration, the arbitrator may have broader authority to decide the outcome of the dispute and may order a wider range of remedies.

 

 

 

 

[email protected]

The union filed a termination grievance for me, and now it's going to arbitration process. What should I do?

 

If your termination grievance has proceeded to arbitration, it is important to understand the arbitration process and to prepare for the hearing. Here are some steps you can take:

 

Understand the Issues: Review the termination grievance that was filed on your behalf and become familiar with the issues being raised. This will help you understand what the hearing is about and what evidence you may need to present.

 

Gather Evidence: Identify any evidence that may support your case, such as documents, witness statements, or other information that can help to prove that your termination was unjustified. Make sure to gather all relevant documents and have them organized and ready for the hearing.

 

Consult with Your Union Representative: Your union representative will be your advocate in the arbitration hearing, so it is important to communicate with them regularly throughout the process. They can advise you on the process, help you prepare your case, and represent you during the hearing.

 

Attend the Hearing: Attend the arbitration hearing and be prepared to present your case. The arbitrator will listen to both sides, review the evidence, and make a decision. You may be called to testify and answer questions, so be prepared to do so.

 

Follow Up: After the hearing, follow up with your union representative to find out the outcome of the arbitration. If the decision is in your favor, you may be reinstated to your job or receive other forms of relief. If the decision is not in your favor, your union representative can advise you on any further steps that may be available to you.

 

Remember, the arbitration process can be complex, so it is important to have a good understanding of your case, be prepared, and work closely with your union representative throughout the process.

 

 

 

 

[email protected]

Do I need a lawyer help me with this arbitration?

 

In most cases, it is not necessary to hire a lawyer to represent you in an arbitration hearing related to a termination grievance in a unionized organization. This is because the union will typically provide you with a representative to help you prepare for and participate in the hearing.

 

However, there may be situations where you feel that you need additional legal representation, such as if the issues involved in your case are particularly complex, or if you have concerns about the quality of representation provided by the union. In such cases, you may want to consider hiring a lawyer to represent you.

 

If you do decide to hire a lawyer, it is important to choose someone who is experienced in labor law and arbitration. They can help you understand your rights and obligations, evaluate the strength of your case, and represent you during the arbitration hearing.

 

Keep in mind that hiring a lawyer can be expensive, so it is important to carefully weigh the costs and benefits before making a decision. You should also consult with your union representative to determine whether they can provide you with the support you need or whether they can recommend a lawyer who is experienced in this area of law 祝你一定好运!

w
win-win
昨天一天外出,刚刚看到。非常感谢圆大侠。

只是不知道ARBITRTOR 会怎么判。 我只能是尽力而为。希望自己好运吧。

雾月
你可以最后可以到human rights and 劳工部反映