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Union Rights Retaliation

This is not as simple as it sounds. There are a few different types of “retaliation” for which the firm can assist you when it comes to attempting to access your benefits as a member of a union in a workplace, or attempting to unionize a workplace.

Under the National Labor Relations Act, or NLRA, you have a right to be free of any retaliation for engaging in certain protected union activities. These would include, but not be limited to, attempting to organize a union in a workplace that does not have one, asserting certain rights under the Collective Bargaining Agreement such as filing a grievance, etc.

Typically, you do not have the right to file a traditional “lawsuit” and go to “court” under the NLRA. Rather, in almost all situations, you are limited to filing what we call an “administrative” claim in the National Labor Relations Board, which administrates that NLRA. These are called “unfair labor practice charges.”

In addition, as a member of a union, the union must not discriminate against you on the basis of any protected classifications such as race, gender, sex, ethnicity, religion, national origin, sexual orientation, or gender identity or expression. If a union does this in delegating responsibilities or in assigning jobs or in interacting with you, you have the right to file a charge of discrimination under the New Jersey Law Against Discrimination in State Court.

Please call Costello, Mains & Silverman, LLC today at 866-944-3371 (toll-free) or contact us online to arrange a confidential consultation.