Legal Question in Employment Law in California

As a public employee as soon as I became the union steward I have been under harassment by employer.

I became union steward in January during negotiations, and less than a week later the district informed the union I would be reclassified as confidential. The union objected because the position has always been part of the union, and because they were given no reason. The district reclassified my position (administrative assistant) anyways, telling my union rep it wasn't for discussion. The union filed an unfair labor act with their attorney but never got a response. The day after I was no longer allowed union representation I was given a written letter of discussion listing things I need to immediately improve on (many of the items were false or not in my job description), and the following day I received an evaluation. I filed with PERB about the job reclassification after that, and I am waiting for the district's response to PERB. Today, I received letter of discussion #2 (a month later), with a lot of false statements again. Since my boss came 6 months ago I am the only employee to receive these letters or an evaluation. Can I refuse to sign the letter of discussion since it misrepresents fact, and if I sign it is am I admitting to these false acts? I was also told I would not be receiving the bonus that the union employees are getting even though I was in the union for the first year's bonus. So I was reclassified with no pay increase and the loss of a bonus.

Attorneys I have spoke with have said I am doing everything right by documenting each event but they are unable to represent me at this time. I was told by two attorneys to call them back if I am fired.

Thanks in advance for any help or advice.


Asked on 5/03/12, 2:59 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

File a union grievance as applicable. That is your only remedy. You gave up your civil rights to a lawsuit when you joined a union. The other attorneys you talked to were just trying to get rid of you gracefully. Even if fired, you have grounds only for a new grievance.

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Answered on 5/03/12, 4:53 pm


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