Arbitration

  1. I just got a date for arbitration for my job termination.
    can anybody tell me what to expect?
    My union is not strong, the reps don't return calls, etc so I have no idea of what will happen.
    I have thought that after the way I was treated at this employer if I win what happens? am I treated as a new employee? Do I go back to my old unit?
    If I win, and decide not to return would that effect me getting unemployment?
    lastly, if I returned what happens to the gap in employment from getting terminated to going back?
    Thanks.
  2. Visit Ambersmom profile page

    About Ambersmom, BSN, RN, EMT-P

    Joined: Oct '17; Posts: 186; Likes: 380

    4 Comments

  3. by   chare
    These are questions best directed to your union representative, as these details should be included in your contract. If you find he or she less than responsive or helpful you might consider consulting a labor attorney, as he or she would be able to review the terms of your contract and best advise you.

    Best wishes as you work through this issue.
  4. by   Ambersmom
    Quote from chare
    These are questions best directed to your union representative, as these details should be included in your contract. If you find he or she less than responsive or helpful you might consider consulting a labor attorney, as he or she would be able to review the terms of your contract and best advise you.

    Best wishes as you work through this issue.
    Yeah, they don't return calls and labor attorneys don't return calls (guess they don't need the work), guess I'll never get these questions answered.
  5. by   chare
    Quote from Ambersmom
    Yeah, they don't return calls and labor attorneys don't return calls (guess they don't need the work), guess I'll never get these questions answered.
    Sorry, I'm not trying to be evasive, but without viewing the terms of your contract, no one can really give you much information.

    As for the arbitration process, your previous employer's representative will present their case, and then you, or your representative will present your case. If your previous employer prevails, nothing changes in your situation. If you prevail, it is like you were never terminated. You are reinstated in your previous position, and are paid all wages and benefits. As to the gap in hour employment, if you are reinstated, the gap no longer exists.

    As far as unemployment, you might be expected to repay any benefits that you have received, however this will be determined by the unemployment system. If you prevail, and opt not to return to your position, this will be considered a voluntary termination by the unemployment agency.

    Please bear in mind that I'm not a lawyer, and I'm basing this on my experience as the EMS Chief in a unionized agency. This is a decision that can have major impact on you, both financially and in your career. You really need to contact your union representative. If you are unable to contact your local representative, then you might consider trying to contact someone at the regional level. You are paying for this service, it's not too much to expect them to representative.

    Again, best wishes as you work forward through this.
  6. by   Ambersmom
    Thanks for the info. I was just looking for a general idea of what to expect and you covered it. I appreciate it. Thanks again.

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