Jimmy Hoffa was president of the Teamster's Labor Union in the sixties. If you saw the movie "Hoffa" starring Jack Nicholson [brilliant performance], you know about Mr. Hoffa.  Jimmy has been unaccounted for ever since he got out of prison.  Where is he?  Press the garbage can to find out.

What has Jimmy Hoffa's whereabouts got to do with employment law?  Well, nothing really, except maybe to wake you up and help you remember this point:  Labor Law and Employment Law are not the same.

"Labor Law" refers to state and federal laws related to organized labor, labor unions, union contracts, grievance procedures and a federal regulating body called the National Labor Relations Board [NLRB].

"Employment law" typically deals with nonunion matters.  People think that attorneys specializing in "employment law" also handle "labor law" claims. This is generally not true. Attorneys specializing in "Labor Law" typically specialize only in matters dealing with unions and organized labor, while employment law lawyers deal with everything else.

To make matters a little more confusing, lots of people, judges, lawyers and main stream media lump together these two distinctions under one label, such as Labor Law and other classify matters under "Employment Law."   Tip:  If this paragraph made absolutely no sense or has almost put you to sleep, you should congratulate yourself for getting this far.

If you need help on a union related problem, we suggest you refer to the Yellow Page Attorney Guide Section in your local telephone book to find a lawyer who specializes in labor [union] matters.  You can also check out our How to Find a Lawyer page. Our firm does not handle matters related to unions or organized labor.  Make sure to look for an attorney who advertises his or her practice includes "Labor Law"  or "collective bargaining, union" matters.

Bonus Tip - Some state and federal laws regulating employment controversies do not apply to union employees. This is because workplace conditions may be addressed in union contracts. The underlying logic of this policy is that since many union employee rights are adequately addressed and protected in collective bargaining contracts, then certain laws should not apply to employees and employers working under such union agreements.

Bonus Tip - If an [employment] law does not apply to an employer/employee situation, the union contract is said to "supersede" or "preempt" the federal or state law. Sometimes you will hear that the union contract provides the "exclusive remedy" for a wrong committed against a union employee.

Bonus Tip - Courts have ruled that some federal or state laws apply equally to nonunion and union employees. For example, courts have ruled that a union employee can file a lawsuit against an employer for discrimination and that the employee is not required to pursue a discrimination claim through the union grievance process.

Bonus Tip - Over the years we have received inquiries from union employees about taking his or her case. The most common complaints by an employee are that the employee feels wronged by the employer and that the union has done nothing to help him or her. We tell callers that our firm does not handle union employee claims, but if they feel their union has failed to adequately represent the employee, then they should contact the National Labor Relations Board to inquire about filing a complaint against the union for inadequate representation or to obtain other information.

Bonus Tip - Whether or not an employment law claim is "superseded" or "preempted" by a collective bargaining contract; whether or not a union is doing its job; and whether or not a union is adequately representing an employee are complicated questions. You should seek the advice of a competent employment law or labor attorney in your area to get answers to these questions.

LINKS
	The Teamsters' web site
	The AFL/CIO web site
	The National Labor Relations Board
	Cornell University's Labor Law Materials

 

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