Legal

Legal

Local 9 has an in-house legal counsel to assist members with work-related legal problems at no cost.

UNEMPLOYMENT COMPENSATION

Unemployment compensation is the most important program for the laid off worker who has earned $2,500 within the last 15 months, not including the most recent 3 months. To find local unemployment resources visit the Colorado Department of Labor and Employment online.

Workers displaced by plant shutdown, reduction in force, temporary or seasonal layoff or termination without cause usually qualify.

  • If the cause of your termination is in dispute through the grievance procedure or a National Labor Relations Board (NLRB) charge, you still may qualify for unemployment compensation.
  • FILE IMMEDIATELY: File an application online or at the Colorado State Unemployment Office nearest you immediately upon notification of layoff.  You may also telephone the Colorado State Unemployment Office at (303) 318-9000.
  • Bring your layoff or termination slip from the company or union showing that you are out of work. Have identification (Driver's License, Social Security Card) with you when you apply.
  • IF YOU ARE DENIED BENEFITS...APPEAL! You should speak with Local 9 legal counsel prior to making your appeal. While unemployment compensation programs vary widely from state to state, all states have an appeal process if you are turned down for benefits (notification usually arrives within 10 days of application), file an appeal to determine immediately. In most states, you have only a short time in which to file an appeal.
  • An appeal is important because some companies routinely report that laid-off employees are ineligible for benefits, but they will not fight an appeal. The companies that do this count on the fact that many laid-off employees will not appeal, thereby saving the company money because the tax rate is based on the amount of unemployment compensation paid to former employees.
  • Many times, mistakes are made in reviewing applications for benefits. You may have been disqualified in error.
  • GETTING HELP WITH YOUR APPEAL: It helps to have a knowledgeable person or professional help with your unemployment appeal. Local 9 can provide assistance to represent you through the appeals process.

Local 9's legal counsel, Bill McCahill, can provide assistance for any member who encounters difficulty with an unemployment compensation claim at no charge. Please call Mr. McCahill at 303-623-3194, ext. 18 to get assistance with your claim.


Personal legal matters not related to work, such as divorce, estate planning, etc. are not a service of Local 9's legal council.

SOCIAL SECURITY DISABILITY:

Assistance is available to help you fill out Social Security Disability paperwork.


WORKERS COMPENSATION:


Local 9's Executive Board has made an arrangement with the workmans compensation law firm of Keating, Wagner, Polidori, Free PC, 1290 Broadway, Suite 600 - Denver, 80203, 303-534-0401

LABOR LAW & DUE PROCESS

THE EMPLOYEES RIGHT TO UNION REPRESENTATION

The US Supreme Court has ruled that the National Labor Relations Act gives workers the right to request union representation during investigatory interviews by supervisors, security personnel, and other managerial staff. These are called Weingarten Rights.

An investigatory interview occurs if 1) management questions you to obtain information; and 2) you have a reasonable apprehension that your answers could be used as a basis for discipline or other adverse action.

You must ask for Union representation either at the beginning of or during the interview. Management does not have to remind you of this right.

If your request is refused and management continues asking questions, you may refuse to answer. Your employer is guilty of an unfair labor practice and charges may be filed.

I REQUEST UNION REPRESENTATION

If you are called to a meeting with management, state the following when the meeting begins.

If my responses to your questions could lead to my being disciplined or terminated, or adversely affect my personal working conditions, I respectfully request that you summon my Union Representative. Until my Representative arrives, I choose not to answer any questions.