advise on non family matters

[argus]

>>So, if you have employment attorneys who are saying that you're stuck with the union process...>>

i do not have an employment attorney.. have yet to find anyone interested that will look beyond the scope of union jurisdiction.

1) if you can direct me to some sources where i can check, would you please?

thanks

[socrateaser]

>>>So, if you have employment attorneys who are saying that
>you're stuck with the union process...>>
>
>i do not have an employment attorney.. have yet to find anyone
>interested that will look beyond the scope of union
>jurisdiction.
>
>1) if you can direct me to some sources where i can check,
>would you please?

This concerns me. Most employment attorneys work for employers. The ones who don't usually look for cases where there's a big score available, especially a class action. Evidently, those who you've contacted don't think that the union has any liability to you. This may be true, and I'm not competent on labor law such that I could argue differently without doing substantial research.

I suggest, for a start, that you contact:

http://www.nlrb.gov/nlrb/shared_files/brochures/engulp.asp

and then let me know how they respond.

[argus]

>I suggest, for a start, that you contact:
http://www.nlrb.gov/nlrb/shared_files/brochures/engulp.asp
and then let me know how they respond.>

thanks - i'm already on it & have forwarded questions. i will be in touch.

[argus]

ok, im now living in the twilight zone... i called the nlrb. they said they dont have as much authority, more or less, as the plrb (pa), so i called them (besides 20 other gov agencies that are a wash).

plrb atty (referred to as atty) says that i actually have additional labor violation issues that need to be grieved in a timely manner & that if the union cant get off their lame butts to advance my causes, i can file personally for at least one issue. however, although he is disgusted with what sounds like a not very aggressive union at the least, hes almost at a loss as to how i can proceed. he says that i have multiple labor law violations & to get a hold of another faction of the union out of town, which i will.  but it looks grim.

although also atty sees the merit in utililizing an employment atty & my need for one, he cannot advise me of who to use or where to look. hes baffled that i can find no one but that there must not be enough money in it for them (as you may have said). he also said that to proceed by myself is incredibly stressful if i file grievance personally.

also, a federal arbitrator will now hear my case - i just dont have a date yet. i cannot stress how important it is that i advance ALL the issues at hand at this hearing but i am concerned that the union atty is not filing for nearly the issues he should be.

the media is a wash - no return call as of yet & the district is very politically connected. media wont take on controversial issues of corruption in this small town, unless its old news.

the state reps office has given me her deepest sympathies (along w/the federal reps office) & sent me valuable info on convicted felons but it would take an atty to interpret this to me. shes is amazed also at the level of corruption & the lack of recourse i have.

my unemployment has been appealed by the employer for the second time; we have no medical benefits; i have been denied for private med insurance because of the incident of my ER treatment after the verbal attack by my supervisor & i was put on antianxiety meds. thats now considered a pre-existing condition which precludes me from insurance. ironically, my workers comp has denied this claim as non work related. cobra is unaffordable at 1200/month. we make too much for welfare & too little for state med assistance.


1) what can you advise ?

2) the plrb atty agreed that there is a prima facsie issue here, but if i cant find an atty to rep me, what do i do ?

3) you said this was too much to tackle for free, are you permitted to charge me ?

thank you

[argus]

>> then that would be grounds for a disparate impact action, under federal employment law. <<

forgot to mention, i am a white middle aged male.... not much of a protected class.  

management is also aware of the supervisory abusive behavior. you mentioned taking civil action ... at least to do it successfully i presume,

1) civil action would require an attorney, right ?

thanks

[socrateaser]

>1) what can you advise ?

>2) the plrb atty agreed that there is a prima facsie issue
>here, but if i cant find an atty to rep me, what do i do ?

Have you tried the ACLU. This is a long shot, but if the plrb thinks you have a case, then maybe the ACLU will find a civil rights violation. Needless to say, they are not a likely candidate to complain about a union, but ya never know.

I would also think that you may be able to interest national media, i.e., Nightline, 60 Minutes, John Stossel, etc.

>3) you said this was too much to tackle for free, are you
>permitted to charge me ?

My hotel room service bill will exceed your annual salary. You need to find someone in your area. It's really hard to find employment attorneys, because most of them are retained by employers, and as a result they are unable to represent employees in litigation.

The only other thing I can think of is to seek out attorneys in the largest city in your county, followed by the largest city in your next neighboring county, on the theory that (1) you may find someone who doesn't usually practice in your county, but who is close enough in drive time to be willing to do it, or (2) that you may have a case for a federal court action based on a federal employment laws and that the case will be heard in the federal district court with jurisdiction over your area of the State. If #2, then you should find out where your federal courthouse is located and try to find an attorney who's located proximate to that courthouse.

There are all sorts of issues here, because there are many circumstances where a person cannot sue a State in Federal Court, and almost never for damages. And, in order to interest most attorneys, you either need to be able to pay fees from your pocket, or there must good damages to recover, so this could be partially why you're running into a road block.

Honestly, this is an area of law where I am not very knowledgable at all, and in order to figure out what exactly is happening, I'd probably have to retain an employment lawyer to give me some more education on the subject.

One thing you could try is to buy a one month subscription to versuslaw.com. then go into the database and check your State and Federal appellate court jurisdictions, and then use a keyword search like:

(union and employer and school)

Then, when you get some cases, select the most recent, and look at the names of the attorneys who appear as representing the employee. Then, call the State Bar or look in the phone book and call those attorneys.

They will probably be the most qualified attorneys in your locale.

[socrateaser]

>>> then that would be grounds for a disparate impact action,
>under federal employment law. <<
>
>forgot to mention, i am a white middle aged male.... not much
>of a protected class.  
>
>management is also aware of the supervisory abusive behavior.
>you mentioned taking civil action ... at least to do it
>successfully i presume,
>
>1) civil action would require an attorney, right ?

Yes, but not an employment attorney. You are looking for a Civil Tort attorney. And, there may be one who will take your case on a contingency, because your opponent has deep pockets based upon the theory of vicarious liability, under which the School district may be liable for the torts of its employees, if they are done within the scope of employment or with the employer's knowledge and acquiesence.

[argus]

>> My hotel room service bill will exceed your annual salary....<<

                     time for another zoloft.

thanks for all your time & help. ill pursue your suggestions. appreciate it!