You may wonder whether union membership limits your ability to choose your own attorney. Your union may handle certain workplace disputes, but you can still have questions about your own legal rights and options.
Here are the key points to know if you are considering private legal guidance.
Union membership does not prevent you from hiring private counsel
You can generally consult or hire a lawyer even when your union represents you at work. Getting legal advice on your own does not automatically conflict with your union membership or the union’s role.
For example, you might want a private attorney to review your situation if you believe your employer discriminated or retaliated against you. They can assess your individual rights apart from the protections in your union contract.
A private attorney does not replace the union’s role
Hiring private counsel does not automatically transfer a union grievance or arbitration matter to your lawyer. Section 9(a) of the National Labor Relations Act generally makes the union the exclusive representative for employees in its bargaining unit. Federal law also gives employees certain rights to present grievances directly to their employer. Those rights can depend on the terms of your collective bargaining agreement and the union’s role in the process.
Private counsel can address individual legal rights
A private lawyer can help you determine whether you have rights that you can pursue outside the union process. This can matter when your concerns involve discrimination, retaliation or other possible employment law violations.
If you are unsure what your union can handle, legal counsel can review your collective bargaining agreement and other relevant communications.
One thing to note is that, under NLRB guidance, private counsel also cannot automatically be your Weingarten representative during a union-related investigatory interview.
Protect your right to choose your legal representation
Reviewing your workplace documents and circumstances with legal counsel can help you understand your options alongside the union’s role. It can also help you determine which concerns belong in the union process and which ones you may need to address separately.