Can a Union CBA Limit or Even Restrict an Employee’s Right to Sue?

Let’s say that you are an employee and you feel that you may have a right to sue your employer—or on the other hand, that you are an employer and you suspect you will be sued by an employee. The issue is that the employee belongs to a larger labor union, which has a collective bargaining agreement.

Can the employee sue—or if you are the Defendant company, how does the collective bargaining agreement or CBA affect an employee’s ability to sue your company?

What is a Member?

The first question to resolve is whether the employee is a member of the union at all. Don’t assume that an employee who is in a profession that has a union is a part of that union. In some professions, people can be covered by and protected by a union and a CBA but not be actual active paying members, and thus, may not get all the benefits of the CBA.

This may mean that an employee who is not actually a member of the CBA may not be limited to what the CBA says about suing and how or when the employee can sue.

What Does the CBA Say?

Of course, a CBA is a contract and that means that step 1 is to actually read the CBA, to see what it says about an individual’s right to bring a lawsuit. Many CBAs may only allow lawsuits if the union itself brings the suit on behalf of the employee, or may even disallow certain kinds of employee lawsuits completely.

The Issues in the Case

Another issue is why the employee is seeking to sue.

In most cases, a CBA cannot restrict an employee’s right to sue for things like harassment or discrimination or civil rights violations in the workplace. In fact, a CBA usually can never restrict an employee’s rights under a federal stature—so, for example, a CBA couldn’t say that a non-exempt employee can get paid below minimum wage.

Many unions negotiate CBAs, with little or no knowledge of applicable employment laws, and often, there are provisions or restrictions in a CBA that purport to limit an employee’s right to sue, which in fact are unenforceable.

However, some grievances, like disputes over employment contracts or pay issues, may be more likely to be governed by the CBA.

Is the Issue Covered by the CBA at All?

Often, there may be a gray area, where it seems like the CBA is silent on the employee’s ability to sue, therefore clearing the path for the employee to sue, but the CBA also seems to reference at least some of the issues raised in the lawsuit.

In these cases, the CBA needs to be read to determine whether it is intended to be a full statement on the issue in the lawsuit. If it is, then the employee could either not sue on his or her own, or else, would have to follow whatever procedures are set forth in the CBA.

Employment, labor or union problems? Our West Palm Beach business litigation attorneys at Pike & Lustig are prepared to support you in your case.