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baby_bear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-03 10:38 AM
Original message
Anyone know labor law?
We just had a vote on union representation and it was a dead tie, so we (the ones working for organization) lost. Two days before the ballots had to be mailed, an attorney who works with us - but who was not a party to the vote - sent out an email to everyone at work encouraging a no vote.

I'm trying to find some information as to whether her action constituted illegal interference. I've done a lot of Googling but I am just coming up with interesting anecdotes, nothing substantive for my situation. I know that what she did was against office rules, and I will follow up on that, but what I want to know is, can we get the election thrown out because of what she did? I should add that I work for a federal agency.

Does anyone have any suggestions for me?

Thanks
s_m
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revcarol Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-03 11:21 AM
Response to Original message
1. Get some big guns in on this,
like a labor lawyer for the AFL/CIO or whatever big organization you union would be under.
But get a LOCAL labor lawyer to look up at least one thing: there may be some kind of timeline for protesting or making a complaint. If you miss the deadline, your action would be useless.
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baby_bear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-03 11:36 AM
Response to Reply #1
2. The AFGE contact didn't seem too interested
That would be the Association of Federal Government Employees. I haven't been real impressed. So I decided to try on my own. I think I do need a local attorney, as you suggest. I would like to have a little more knowledge first. I should have gone into law instead of science I guess.
*sigh*

s_m
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Lefty48197 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-18-03 11:03 PM
Response to Original message
3. You might as well wait and have another election
I worked in a factory where two organizing drives failed. I saw the ugliest of human behavior directed towards those that supported the union. There is nothing that will surprise me. It might not be worth taking the fight to court, but it would be best if you spoke with an attorney, or a union representative. They know the laws. I'm not sure, but I think you only have to wait one year, before you can start another drive.
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freeamerica Donating Member (5 posts) Send PM | Profile | Ignore Mon Oct-13-03 01:48 PM
Response to Reply #3
4. election
Cornell University has a Law Library on line. I have used it. I know that a petition can be brought up. The byass she did is against the free vote with out threat. Federal Law would be under Legislative of the Government ,then under the US DA.Then under the Supreme Courts. The Federal Workers would file under Codes/Petitions/Code of Ethics. I will Search, that my real deal for you.
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freeamerica Donating Member (5 posts) Send PM | Profile | Ignore Mon Oct-13-03 03:00 PM
Response to Original message
5. election again
I found web. sites www.thecre.com/fedlaw and www.fedlaw.gsa.gov. There is such a thing as a Federal Employees Hand Book. It would be something that applies to your employment. The State you live in Would be the state for the Election Law because you do work for the government that you live in right. More for Labor Law ,Federal emplyee.
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spooky3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-21-03 09:33 AM
Response to Original message
6. I'm not an attorney and agree you should talk with one
but here is something that could help (free of charge :-)). I think some of it will depend on exactly what she said in the email. I'm not sure if she is considered part of management (probably is). Management can express opinions but they can't threaten, intimidate, promise benefits for not voting for the union, etc.
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