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  1. #1
    Join Date
    Nov 2014
    Posts
    10

    Default Can You Get More Compensation After Accepting Reinstatement Without Back Pay

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

    I recently went through a grievance process after being terminated, details here: http://www.expertlaw.com/forums/showthread.php?t=180732
    I was offered my job back without back pay, and I accepted. But I have a desperate need for that back pay. Part of the agreement reached is that my case is settled and I can no longer contest the terms of my termination or reinstatement; so I cannot file another grievance seeking back pay. However, the rule I was terminated for violating has been repeatedly ruled illegal by the NLRB. Instead of filing a grievance seeking back pay, I could file one contesting the legality of the rule, file charges with the regional NLRB office to put pressure on my employer, and ask that the rule be rescinded. Naturally, I don't want the rule rescinded, my employer doesn't want that, the union doesn't want that; it would be bad for everyone. The idea is to seek an alternative settlement, namely back pay for the time I was off work. I asked my union rep, and he's never heard of anyone doing this so he can't really help me here. Does this have any chance of working?

    Edit: The reason I accepted without back pay was that the next step would take another 3 months and I've already used up my savings and credit cards. I couldn't make it another 3 months. Employers stalling until a grievant is forced to accept unfavorable terms is a common practice because it works.

  2. #2
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Is this a Legally Valid Loophole

    You've already accepted your job back, based on the terms that you would NOT be provided back pay. If you had a desperate need for that back pay, why did you accept the offer that didn't include it? What do you think your employer will think of you if you bring another grievance against them, after being terminated, and re-hired? I think the ship has sailed on getting back-pay.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get More Compensation After Accepting Reinstatement Without Back Pay

    Quote Quoting Nrs
    View Post
    However, the rule I was terminated for violating has been repeatedly ruled illegal by the NLRB.
    While the NLRB has been imposing something of an all-or-nothing rule for restrictions on access to the workplace by off-duty employees, for purposes of protecting employees from discrimination if the purpose of their entry is to engage in union-related activities, as you note, "this is a defense contractor handling top secret work and nuclear materials gives them a legal obligation to control access to the facility, possibly getting them some leeway with these rulings."

    It is understandable why your employer wants to secure its premises from all unauthorized entry, even if by an off-duty employee. It is understandable why the union wouldn't necessarily wan to take an expansive interpretation of recent rulings back to the NLRB with a case that could result in its being generally narrowed, or significantly narrowed for employers who have special safety and security concerns or who are dealing with classified information. If your employer is put in a position of having to choose between letting employees re-enter or maintaining proper security, I expect that it would take the path of telling people who forgot their property, "Sorry to hear that, you can get it when you come back for your next shift."

    It sounds like the you, the union and the employer chose to resolve the matter as a deviation from standard disciplinary process, such that you didn't have to touch on the workplace access rule at all. It's not even clear that you raised the issue of off-duty access when contesting your termination.

    I suspect that, at this point, the union considers itself to be done with your case. You can talk to your union rep but, were you to file a new grievance, I suspect that you would be on your own. As for the money, you've already settled the issue.

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