As a USA member, you’re part of a bargaining unit, and USA has a legal responsibility to represent everyone fairly and equally. This is called exclusive representation, and it’s part of Massachusetts law (Section 5 of Chapter 150E).
Filing a Grievance
You have the right to file a grievance if you believe your employer has violated the union contract, company policy, or the law. You can do this on your own, even without union involvement, as long as:
- The union is allowed to be present during any resolution
- The outcome doesn’t conflict with the union contract
What Fair Representation Means
The union must:
- Treat all employees fairly, regardless of union membership or personal feelings
- Make decisions based on facts and merit, not favoritism or bias
- Avoid ignoring valid grievances or refusing to help because someone is unpopular or not a member
While the union can decide not to pursue a grievance if it believes the case isn’t strong, it cannot ignore a valid grievance for unfair reasons.
When Fair Representation Applies
- Contract negotiations
- Decisions about whether to file or pursue a grievance
- How a grievance is handled, including arbitration
