How to File a Union Malpractice Lawsuit

If you are unhappy with how the attorney for your union handled your workers compensation case or disability claim, you may have a case against him. Legal malpractice claims can be brought for a number of different reasons that include mistakes which were made in court or things that the attorney failed to do on your behalf.

The legal system gives you the same right to take action against your attorney as it would a during a medical malpractice suit against a doctor who improperly handled a case on your behalf. The legal definition of malpractice is the failure to achieve the standard of conduct expected in any given profession. There are a number of clients who have brought legal malpractice claims against their attorney who have had the scales of justice tip in their favor.

To file a malpractice claim you need to find an attorney who will take your case. A legal malpractice attorney Los Angeles will know California law in this area, and have a great deal of experience handling similar claims. The attorney will help you gather evidence to show how you were harmed by the actions of your previous attorney and determine what type of damages you may be eligible for.

The damage awards in these types of cases can be substantial. Attorneys are able to win a fair amount of cases against lawyers who failed to take action over the birth of a disabled child. While the hospital could no longer be sued over the injuries to the child, the firm won damages from the attorney for malpractice.

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The American Federation of Labor

One of the first labor unions established in the United States was the American Federation of Labor. (AFL) It is probably the most famous union ever established in the United States. Founded in 1886, it was created from a group of unions that separated from the Knights of Labor, which was a labor union formed in 1869.

AFL unions were important nation-wide, but were particularly important in industrial cities. The AFL focused on helping its members earn higher wages and work under better conditions in a secure work environment. The AFL disagreed with Socialism and fought against it. 

In the early 1900’s the AFL formed an alliance with the Democratic National party. It supported the military during the first World War and rapidly increased its numbers as a result. However, after the war ended, the AFL’s numbers decreased. They continued their decline throughout the 1920’s but saw a resurgence in growth in 1935, when the Wagner Act was passed. The Wagner Act was part of the New Deal, which was led by Democratic president, Franklin D. Roosevelt.

During the 1930’s, a group, which would become the Congress of Industrial Organizations, (CIO) broke away from the AFL. The CIO was considered to be rather radical. and the AFL managed to stay away from that radicalism. The two groups fought mercilessly for members and the AFL managed to keep its higher numbers throughout that decade and the ones that followed.

Historians say that the AFL’s peak year was probably 1955, the year that it actually reunited with the CIO and formed what is now known as the AFL-CIO. The AFL-CIO still exists today, but its numbers aren’t what they were at that mid-century point.

The AFL played a huge role in the formation of labor unions of present-day. If not for the AFL, labor unions today would probably appear vastly different.

 

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History of Labor Unions

Labor unions have a long and storied history, and many are surprised to learn they did not start in the United States. One must look overseas to find their origins. 

Labor unions probably began in Europe when a guild system was created to protect professionals. This guild system sought to oversee the mastery of skills and ways for their members to advance in their chosen fields. While some argue that this could not have been the start of labor unions because these guilds did not do what labor unions do today, these guilds are the first groups in recorded history to have banded together according to the rules of the workers, not the person employing them.   

Later, in eighteenth century Europe, the industrial revolution forced many people who were not originally part of the traditional workforce to enter the job market. These people needed representation and protection and the first labor unions were formed. They certainly weren’t the huge, intricately organized unions of present day, but they served their purpose at the time.  Trade unions made their big entrance into the United States in the nineteenth century when the National Labor Union (NLU) was founded. Unions could be found in the US prior to the NLU’s founding, but their popularity exploded during that time. The NLU was founded in 1866 and was not restricted to a certain type of employee. The NLU was unsuccessful and unable to survive, but still holds a very important place in the history of labor unions in the United States. 

The formation of the Knights of Labor in 1869 followed the NLU and the American Federation of Labor, (AFL) a very famous labor union, was founded in 1886. 

In many ways, today’s labor unions are vastly different from their predecessors, yet they serve the same purpose, which is to protect their members as they seek to ensure the best working conditions and benefits possible. 

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The Wagner Act

The Wagner Act, which is also known as the National Labor Relations Act, is a federal law that protects employees that are union members in the private sector. This act doesn’t affect union members who are government workers.

The Wagner Act protects union members in the private sector by making it illegal for an employer to discriminate against an employee because he or she is a member of a labor union. It also requires that employers engage in collective bargaining, should they be requested to do so.

The Wagner Act was written while the United States was experiencing trying  economic times. The country had been ravaged by the Great Depression which had left many people without work and with a standard of living that was declining quickly.

The National Labor Relations Board was created by the Wagner Act. This board has the power to look into unfair labor practices. They also have the power to hold elections and allow employees to vote on whether or not they want union representation.

Enacted in 1935, the Wagner Act put a stop to five unfair labor practices. The prohibition on those five practices still exists and others have been added as a result of additional legislation.

The act was rather controversial after it was passed, as it probably would be today. The American Liberty League, a group composed of conservative Democrats, went so far as to say it was danger to democracy and attempted to repeal what they deemed was a socialist law. All attempts at repeal failed and the law remains in place today.

Although it is decades old, the Wagner Act still greatly affects labor unions and their practices. Although the act has been amended through the years, most notably in 1947 with the Taft-Hartley amendment, its basic principles stay that same.

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The Employee Free Choice Act

The Employee Free Choice Act is a piece of legislation that attempts to make it easier and more efficient for workers to establish and join labor unions.

In order to establish a labor union a majority of workers must sign their names to a ballot. Once the signatures have been collected, the union is well on its way to being recognized as a certified union. However, unless this bill passes, employers retain the right to require a separate ballot which must be signed by a majority of workers in addition to the first one. The Employee Free Choice Act seeks to remove the right of employers to require the collection of signatures a second time. 

The bill also proposes that a newly certified union has the option to require the employer to negotiate for a collective bargaining agreement within 10 days of the union’s certification. The bill allows them 90 days to come to agreement. If they cannot agree within the 90 day window, the bill requires them to seek help in mediating their disagreement. They then have 30 days reach an agreement. If they don’t come to an agreement in mediation, the bill forces them to enter arbitration.     

This bill also seeks to make it easier to punish employers who discriminate against their workers that are trying to create a union. It permits an injunction if it is confirmed that an employer fired or discriminated against an employee or because the employee sought to form a labor union.   

If this bill passes the House and Senate and is signed into law, it would benefit labor unions by making it easier to establish a union. As with most legislation, there are many people for this bill and many against it. If this bill is fairly debated, a compromise can be reached that will be good for both workers and their employers.

 

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Why Workers Strike

A strike, more formally known as a strike action, occurs when work stops as result of a large percentage of employees refusing to come to work. Strikes often occur because workers feel that they are being treated unfairly and use a strike as a way to show their power. 

Many times, the reason workers go on strike has something to do with money. Workers may want increased wages and/or benefits and their employer refuses. So, workers have the option of going on strike to show their disagreement with their employer’s stance. Sometimes it works and sometimes it doesn’t.

Labor unions have historically played a huge role in strikes and continue to do so. Strikes occur most often during a period called collective bargaining. This is a time when there is a contract negotiation going on between the union and the employer. During this time both sides, the employer and the union, are trying to agree on a contract. A strike is usually a last resort by a union to attempt to get the employer to agree to the contract. 

The term “going on strike” is a common one and when a strike occurs it usually gets a vast amount of media attention. However, strikes are actually rather rare. Typically, the union and the employer are able to come to some sort of agreement before strikes happen. This is good because strikes rarely, if ever, truly and completely benefit the people involved. The union may get what it wanted but it may come at a high price. Furthermore, a strike does not guarantee that a union will get what it wants, so going on strike carries a fair amount of risk.

Strikes are a useful tool and labor unions do employ them from time to time. Seemingly, just the threat of a strike is sometimes enough to get the employer and union to some to an agreement and, luckily, strikes can usually be avoided.

     

 

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The Union/Employer Relationship

Unions receive much media attention, particularly around the times of political elections and in times of economic crisis. Some of this attention is positive and some of it is negative. 

Media attention helps to shape the way Americans’ view unions. Many believe that unions are a negative influence and hurt the economic development of an industry while others believe they are an absolutely vital part of the American way of life.

Regardless of your opinion, neither view is entirely correct. Unions do some things that help its members and others that may not be entirely beneficial.

Basically unions are supposed to let their members join together and actively pursue better wages, benefits and working conditions. Their basic goal is to ensure that its members are all treated fairly and justly. This sounds very simple, but can be anything but simple in many cases. 

It can become more complex if the employer is against what the union is demanding. This can potentially put workers and their employers in a situation where they are basically fighting each other, making the workplace less productive than it would be otherwise. It can also lead to a strike, which can be economically devastating.

In its best form, unions and employers work together to achieve what is best for both the employer and the union’s members. This means that both the employer and the union make concessions, neither getting exactly what they wanted in the beginning. For the employer-union relationship to be successful, both the employer and the union must be willing to negotiate and accept that they won’t get everything they are asking for.

Unions were created to protect workers and make sure they are working in the best environment possible while helping to create a stable economic environment. While this is not always the outcome of a union’s negotiations with employers, it should always be its goal. 

 

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What Unions Do

Unions legally represent the workers in many different industries. For example, there are unions that represent steel workers, police officers and airline pilots. They are recognized legally and play a huge role in the economy and politics of America. 

Unions are responsible for negotiating the circumstances under which its members work. For instance, they negotiate wages, benefits and working hours. Since unions negotiate for its members, this means the members themselves do not have to negotiate. This often works in the union members’ favors, but doesn’t always.

While unions have just about always received their fair share of media attention, they received an enormous amount during the “Economic Meltdown of 2008” when Ford, General Motors and Chrysler were all on the verge of bankruptcy and had to consider borrowing huge sums of government money in order to avoid it. General Motors and Chrysler borrowed money but still declared bankruptcy, while Ford managed to avoid taking out a government loan. Throughout this, the union that represents America’s automobile workers actively negotiated for itself and its members, causing much anger and confusion among members of the American public. 

Many people argue that unions do not always demand what is best for its members, and  many did argue this in 2008. However, regardless of one’s opinion, unions are in the position to make requests and demands and many times they do get exactly what they ask for. They do make concessions, as well, which is a required part of any negotiation.

Unions are found in every part of the country. They are tremendously powerful in some places and less so in others. While their numbers have declined in the private sector, they are still very influential, especially in the public sector, of many states. They affect the outcomes of political elections and are vastly important to the framework of America’s working environment. 

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Union Plus Benefits

Many people may or may not know about the advantages of Union Plus benefits. It is offered by Union Privilege to active members and retirees of participating unions by providing better lifestyles for working families. It is the only benefits organization that is endorsed by the AFL-CIO. You get discounts for travel, auto insurance, and legal services. They offer scholarships, financial services, and hardship assistance just to name a few. However, Union Plus does not deal with other union related issues like pension or insurance. If you are an active member you are automatically eligible for your union’s Union Plus benefits. Each union decides which benefits it’s members are eligible to use.

This company is unique in that it provides it’s members with assistance with your mortgage, debt, and credit counseling. Union Plus labor-backed grants and disaster assistance that you can not find anywhere else. This includes layoff assistance and strike benefits.

If you hold a Union Plus credit card you would be eligible for additional savings. But you do not need to have this card to get the discounts. Using the Union Plus benefits can save your family around 4,000 dollars a year according to their website. These benefits extend to buying cars, clothes, computers, and cell phone plans.

If you want to take a vacation you can get all your travel arrangements made on their website with union friendly hotels, car rentals, cruises, flights and restaurants. And get it at a discount. Take your family out to a movie or a theme park and get a discount. Do you need to talk to an attorney go the Union Plus website and find an attorney, and save money.

Some members may not be aware that you have these benefits, or you may have forgotten. If you don’t have these benefits talk with your union reps to see if getting enrolled could be an option. It can be very beneficial to yourself and your family.

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Planning for the Future: Union Labor

You are in the rare position: you like your job. Your employer isn’t an egotist, assuming all credit for the efforts you provide. Your hours aren’t unbearably long. The company offers concerns for safety, ensuring that regulations are diligently maintained. Morale is high and this is a precious thing–which is undoubtedly why you believe a union is wasted on you. You think it can provide no more than what you already have and will only serve as an inconvenience.

You are, sadly, mistaken.

A union is not formed solely because conditions are without merit (though that is undeniably the most common cause). Its purpose is to protect its members, offering every right they deserve and every respect they have earned. And this continues even after a career has finished. The contributions made to those involved with a union greatly outweigh those of ones who are not:

Pensions: often contracts can be charted to ensure that the final paycheck is not the final payment. After a job is finished, many employees (even those who had the ease of kindly managers) are unsure of their future. With pension plans, however, this can guarantee further income and help to soothe the sudden burden of being without work.

Health Benefits: insurance does not have to fade with retirement. Union members can instead negotiate their current plans to continue long after they have left a company. Contractual obligations can be created, offering security. The rates will be lower and the benefits will be immediate. This must be negotiated, however, and is not a certainty. Consider it well.

Funeral Expenses: though it is a terrible truth, it is still one we must face–we will not always be here. A union, though, can help to make that transition as painless as possible for those we leave behind. The benefit of funeral expenses can be offered and this becomes a great comfort to others.

You enjoy your job. You have no complaints. But the future is forever unsure until you have created a contract that will provide for you and your family. A union can assist in this.

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