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Legal \ Labor \ Slander question: A union calls me a racist for doing my job?


Six months ago I inherited a team of employees against my wishes. The team does a job I did not sign up for (public job for the government). The team was happy they got the agency to fire its previous supervisor and welcomed me - for about 2 days. They then went into the mode of getting me fired too. Fortunately my bosses back me up and I've documented things quite well.

One of the people I supervise is Hispanic, and I am white. She has been in the department a very long time, and has basically decided the rules do not apply to her. I have worked to enforce those rules. Now the union has filed an official complaint that I am being racist. I totally disagree and can prove everything I've done - I have done to the entire unit not one person. I feel slandered by the Union. What do I need to make a case and put the union in its place for going after me?

David,

The complaint was made in writing so it is public information - not that anyone is looking but still.

Second the only reason they made the complaint is because of the one womans issues with the rules - rules that I have applied to everyone and that are on the books of the agency - if they do not know the complaint is wrong they simply did no research and took her word for it.

Finally I am not a racist person nor have I ever been. I've been with public agencies for 18 years of my life and never had such a complaint.

And finally yes - it can damage my ability to promote within my agency.

"I feel slandered by the Union." - Making a complaint does not meet the requirements for slander. You need to be able to show that the statement:
1. Was made publicly by them.
2. That the statement was untrue AND they knew it was untrue
3. That the statement caused you harm.

You have shown none of that in your question.

"What do I need to make a case and put the union in its place for going after me?" - Show that you are right.

New info:
Putting something in writing does not make it public record.
The union does not investigate these claims. The responsibility for the investigation belongs to your employer. The union files a complain (called a grievance) with your employer and the employer investigates. In most contracts the complaint must be in writing.

If your claim (she does not like the rules, and you are applying them fairly) is true, that will come out in the investigation.

Have you done work with other minority races? Use those cases to back you up as not being a racist. Bring in your family's and friends' reports that you are not racist. It's a he-said-she-said case, so it'll be hard to win, but I wish you the best of luck.

Strike one - You are Caucasian (not "white"). The system is setup against you.

Strike two - She is an alleged "minority". She is the "victim" the system is set up to help.

Strike three - It's a union cry baby.

If you can prove and expain it lik you say then dont do anything. if your gonna get fired or something go to court ( if you win they will have to pay 4 ur laywer)

Weeelll, unfortunately for you, the union has a right to investigate any complaint they want. Now, we know that in the ideal world - you know, like the one where no one ever has frivolous lawsuits - all complaints would have at least some merit, or at least getting to that point would be easy and straightforward.

However, while some unions are fantastic and really do their job of protecting the workers in a good way, some others are more interested in "bringing down the establishment."

In my experience, there's nothing you can really do proactively. Make sure your paperwork is in order, and depending, you may even want to make copies of some of the more critical things and keep those at home. Assuming that you can prove what you've stated here, you should hopefully be just fine, although you may have to go through a rigamarole to prove it. Make sure your bosses have a heads-up, and do what you can to ensure they're on your side. Be willing to own up to it if you have done something wrong, of course - being defensive doesn't serve you in any way.

Try to remind yourself that although this situation may be BS, if the union has a complaint of racism, then it is really a good thing that they investigate it. If they blew it off, then they might also blow off other, real racist events.

As for the whole scenario, I feel the pain...I was in your shoes a couple of years ago, and it sure isn't fun!

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