Did my union breach their contract?

UPDATED: Oct 1, 2022

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Did my union breach their contract?

I am a union steward. Contract says that stewards have seniority over
any one regardless of time of employment. They allowed another employee
,with more seniority than me,bump me from my shift. I have gone through
all of the grievance processes,and have been denied every time. The
union keeps saying that the contract wasn’t ‘intended’to mean what I
think it means. Everyone I’ve talked to agrees with me. What can I do?

Asked on December 19, 2018 under Employment Labor Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It would be advisable to have an attorney read and review the contract.
If there is nothing buried in the contract that provides exceptions to that provision you cited, the union may be in breach of contract.
A court only considers the document (contract) and not extraneous information that it is not intended to mean what it states.
After an attorney reviews the contract , if you sue the union for breach of contract, you should seek damages ( monetary compensation) for lost wages, and the additional remedy of specific performance which is the court ordering the union to enforce the terms of the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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