Union Remedies

• Union contracts define the reasons that an employee can be terminated, and also may state the penalties to the company if it violates the contract. The contract may provide for mediation and arbitration if either party requests it. Mediation is when the employee and employer work with an independent person to try to work out a solution to the situation. If this is unsuccessful, the disagreement may be decided by arbitration, with the decision of the arbiter binding on both parties.
  
  

Court Jurisdiction

• Despite the presence of binding arbitration, the law allows a party covered by a collective-bargaining agreement to seek a remedy in the district court if he feels that he has been wronged. Section 301(a) of the Trade Act of 1974 provides for this ability. This ability can be helpful to employees who feel that their union is not acting in their best interests due to corruption or other reasons.
  
  

Discrimination Lawsuits

• An employee's ability to seek a court remedy for discrimination as defined by the Equal Opportunity Employment Commission is protected by a Supreme Court decision. In Alexander V. Denver-Garner (1974), the Supreme Court reversed a lower-court decision that stated that a union employee who felt that he was discharged because of his race could not seek a court remedy because he was bound by the arbiter's decision. The Supreme Court determined that an employee's rights to be protected from discrimination could not be bargained away in a union agreement, and that all employees still have protection under the law against discrimination due to race or religion, as well as sex or national origin.
  
  

After Arbitration

• If a union employee disagrees with the decision of an arbiter, he can seek a consultation with an attorney to determine what his next action is. Depending on the case, a lawyer will want a retainer, or an advance payment of fees, from the client. If the employee wins the lawsuit, the court may order that the company pay his legal fees, but the initial payment of fees is at his own risk.
  
  

Employment at Will

• Employees not covered by a union agreement or other contract are employed at will. This means that the employer may discharge the employee at any time for any reason, other than discrimination under the equal opportunity employment act. The employee may resign at any time as well. The only recourse for nonunion employees is to file a lawsuit. Employment at will has gradually been eroded by law in many states, providing employees with greater cause for lawsuits in many cases.