Bernard P. Healy

Q. Can a supervisor allow only 2 out of 3 employees the opportunity to work Overtime? all 3 are members of Laborers union

March 3, 2018

A: I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights. There are other reasons a supervisor might choose only 2 out of 3 employees for overtime. it may simply be the supervisor’s opinion that those employees are the better workers. That is not some form
of discrimination that can be barred.

Have you discussed this issue with your union steward? it seems to me that a supervisor, whom I assume is a company man and not a union employee, pursuant to a union contract should not be able to discriminate against employees in reference to the award of overtime. This is an issue which is often addressed in union contracts. I do think you should pursue this matter through your union.

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Q. Can police still issue citation after over a month of not contacting us about incident?

March 3, 2018

A: I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at the scene ? Was a report initially filed ? Was there a question regarding insurance coverage ? It is not at all unusual for the police to issue a citation several months after a collision for failure to maintain insurance. The lack of insurance may not have been obvious at the time of the collision. Investigation may have revealed that lack later. There is not specific bar against a subsequent citation
in regard to an automobile accident, particularly if the issue is lack of insurance.

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Q. How can a member of a Laborers union fight against being wrongfully terminated due to nepotism by the union steward??

March 3, 2018

A: I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced out of your position because the union steward wants a relation of his to fill that position.

While discrimination is barred under many State and Federal Laws, including Rhode Island’s Fair Employment Practices Act, that bar does not extend to nepotism. You cannot be discriminated against because of your race, age, gender, sexual orientation, disability, perceived disability, etc. Unfortunately,
discrimination based upon nepotism is not specifically barred.

I think that you might have some rights under your Union Contract. Have you contacted your Union to complain that your steward is not fairly representing you? In my opinion, that is the best and most effective way to address the issue.

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