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Hello, a few days ago I queried you site regarding an unjust termination. The process is currently being taken up to the arbitration level by my union. You indicated that I could not take any legal action against my employer and that the grievance process must play itself out. A further couple of questions on this matter: If the process does not reach arbitration, if my union decides I do not have a case that is winnable, do I then have recourse to take legal action against my employer? And if my union does take it to arbitration but mounts a luke-warm defence or garners a settlement from the arbiter that is inadequate, do I have recourse to sue my employer. (I am aware that if my union fails to represent me properly, that I can go to the OLB and file a charge of “non-representation of a member”. Because this is a unionized position, does my employer get off scot-free? Thank you D
Unfortunately, you can never take legal action against your employer, regardless of what the union does and regardless of whether the grievance is successful. A unionized employee has no ability to go after their employer, except through a union's grievance. That is the problem with being a part of a union.