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of the rule, file charges with the regional NLRB office to put pressure on my employer, and ask that the rule be rescinded. Naturally, I don't want the rule rescinded, my employer doesn't want that, the union doesn't want that; it would be bad for everyone.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.