Ignoring Power of Attorney Agent in Grievance Hearings

[Dave McGraw]

My question involves labor and employment law for the state of: Michigan

My wife's doctor said she cannot attend her grievance hearing because the stress could result in serious illness or heart attack. Therefore, she gave me her POA so I could attend and represent her interests along with her union representative. Twice, in writing, and now once verbally, her employer has stated they will not allow me to attend or to represent her. Can they do that? What recourse do we have? I thought ignoring a POA could result in suing for damages, yet the employer's attorney allegedly told them they could exclude me. What's up?

Thanks!

[flyingron]

Nobody is obligated to accept a power of attorney.

[Mr. Knowitall]

And nobody is required to accept a stand-in for an employee at a disciplinary hearing. If your wife cannot attend and is on stress or medical leave from work, she can try to get the hearing rescheduled for a time when she is capable of appearing. If she wants a lawyer to represent her, she can retain counsel. If she's in a union, she can get assistance through her union rep.

[ESteele]

Has your wife’s grievance proceeded to the arbitration phase? Did you union representative raise the issue with the arbitrator? The arbitrator, not the employer, would have the last word as to who can attend her arbitration hearing.

With that said, the arbitrator should make his or her decision based on the collective bargaining agreement. Unless the CBA has a provision in which a worker can be represented by someone in addition to the union representative, the arbitrator may have no choice but to bar you from the arbitration hearing (in light of management’s unwillingness to agree to have you attend).

[eerelations]

I don't see anything about arbitration in the OP's post. Giving the OP advise about arbitrators seems a little premature and could be misleading.

[Dave McGraw]

Thanks for your thoughts. If no one is required to accept a Power of Attorney, then what is the point of completing one? My wife is not being disciplined, the employer has been harassing employees, including my wife, and we are trying to draw a line in the sand and help others as well. If we retain an attorney, do they have to accept him/her in the grievance hearing? Thanks everyone.

[ESteele]

When you mention a “grievance hearing,” are you referring to an arbitration hearing under the CBA grievance-arbitration procedure? Normally, the “grievance” portion of the procedure does not involve a hearing.

With regard to an arbitration hearing, the union and management respectively designate who will represent their interests. In contrast, an affected employee usually cannot retain outside counsel and have him or her participate in the arbitration hearing (without the consent of both management and the union). I am unaware of a CBA which would allow an employee to have representation separate and apart from his or her union. Usually the union represents the affected employee’s interests by having its own lawyer and/or representative advocate on behalf of the employee at the arbitration hearing.

If your wife cannot participate in a hearing due to its inherent stress, perhaps the union and management can agree to obtain her testimony through written interrogatories or other means which would not require her to attend the hearing in person. If the parties cannot agree, then the union could raise the issue with the arbitrator and seek a prehearing ruling on how to secure your wife’s testimony without requiring her to appear.

[flyingron]

A power of attorney allows them to accept your actions on the behalf of the person who made it, it does not REQUIRE it.

[Dave McGraw]

Thanks for your help. We retained an attorney and he tells me the same thing you two just did. The written participation may be the best. Her union has already planned on representing her and perhaps bringing in one of their attorneys. THANKS!