Member v. Member – Intraunion Conflicts

MEMBER VS. MEMBER
EMPLOYER ISSUE?
      UNION ISSUE?
           WORKPLACE ISSUE?
                 PERSONAL ISSUE?
                                                OR………………..
                              ALL OF THE ABOVE?

While represented co-workers are expected to get along things are not always so simple.  Be it seniority, promotion, performance or personality issues, these conflicts often find their way into the disciplinary arena. Unions have a duty to represent all members fairly.  This complicates employers as they attempt to investigate and fairly engage in disciplinary processes can be made more complicated when employees in the same union/unit are juxtaposed against one another. And arbitrators must rule on matters appropriately brought to the table by either party.

Case in point:

Hypothetical: Teacher A goes to the building principal after homeroom and says that she was talking to Teacher B that morning, and she believes that Teacher B was inebriated.  Based on this claim, Teacher B got hauled to the nurse’s office and then to a physician to take a breathalyzer, which she refused.  The school institutes disciplinary tenure charge proceedings, in which they expect Teacher A to testify. Teacher A and Teacher B belong to the same union.  

The local union receives the employer’s proposed list of witnesses and informs the arbitrator that Teacher A will not testify against her fellow union member.  Can the union do that?  What should the arbitrator do?  Does management have a right to call Teacher A notwithstanding the “member v. member” issue that the union has raised?

On March 3, 2020 join New Jersey LERA and Leonard C. Schiro, Esq. (Mets Schiro & Mc Govern, L.L.P.), Melissa Provost, Esq. (Assoc. General Counsel University Hospital), and Ira Cure, Esq. (Arbitrator) as we discuss member versus member disputes.  We look forward to see you on March 2^nd at Galloping Hill in Kenilworth for this educational and fun event.

Moderator

Jonathan F. Cohen, Esq. (Plosia Cohen LLC)

Panelists

Len Schiro, Esq. (Mets Schiro & McGovern)

Ira Cure, Arbitrator

Melissa Provost, Esq.,  (Associate General General Counsel, University Hospital (Newark, NJ))

Schedule

• 6:00 PM – Registration and Informal Reception
• 6:30 PM – Dinner
• 7:00 PM – Introduction
• 7:05-7:40 PM – Panelists
• 7:40-8:15 PM – Q and A Session with Panel
• 8:30 PM Adjourn

Location

Galloping Hill Golf Course, Clubhouse, 3 Golf Drive, Kenilworth, NJ 07033

Pricing

Early Bird (before Feb. 24)

• • $55.00 – Chapter Member
  • $65.00 – Non-Member
  • $20.00 – Student

Standard Registration (after Feb. 24)

• • $65.00 – Chapter Member
  • $75.00 – Non-Member
  • $20.00 – Student

Walk – Ins – $5.00 Additional Registration Cost

Register

Please book the event, then proceed to payment. You can choose to pay online with a credit card, mail a check, or bring payment with you to the event.

If sending a check, please complete the registration form and submit with “check” selected.

Send your check to the order of LERA, NJ Chapter to:

Paul A. Montalbano, Esq.
Cohen, Leder, Montalbano & Connaughton, LLC
669 River Drive   Suite 125
Elmwood Park, NJ 07407

For questions regarding this Program, please submit them to Lucille Alfano at njlera@gmail.com.