What To Do If The CTA Fires You

It stinks to be fired.

Helping discharged employees is a something I do not like about being a union steward. It is not that I despise the coworker. It is the feeling of sadness and frustration. 

Despite what others tell you, most of the Local 241/308 members who get written up or fired, did nothing so bad to be terminated. Some are completely set up by corrupt union officials. For my work as a union steward in just over a year, I have never had a case with a member who deserved what the manager did to them. 

Before the hearing, demand union representation at all meetings with managers—even if you do not trust the union officials. You do not have to answer any questions without a union representative present. That is called Weingarten Rights. One distinction about Weingarten is that it is for questions regarding "disipline" and investigatory meetings and hearings. You cannot use it to refuse answering a question about work, such as "Is your radio working?" or "Can you order this part for the inspection follow-up?"

You got your discharge today. Here are some steps I recommend you follow should you ever be fired at the CTA (they are numbered in order of importance):

1. Start a log or diary of all actions, forms, letters, conversations, phone calls, text messages and email messages regarding your termination.
   
   
2. File for Unemployment Insurance the same day. Do not wait. The process can be long—especially if the CTA denies your claim. If that happens, appeal it immediately. The 30 day limit will come and go fast! Consult an unemployment insurance lawyer to fight the CTA if they deny your unemployment insurance claim.
   
   The Illinois Department of Employment Security (IDES) has an excellent 20-page handbook all about unemployment insurance. Keep in mind that benefits may be taxable.
   
   If you can demonstrate that the union has filed paperwork on your behalf to fight for your reinstatement, IDES is less likely to demand that you show you are actively looking for work (Step #7 below).
   
   
3. Apply for Medicaid immediately—especially if you have a spouse and/or children who are covered. Your health insurance will cease within a month. Do not wait. The website also has options to apply for cash and food assistance.
   
   
4. File a grievance immediately. You only have 30 days to do it! Moreover, please drop it off in-person at the union office (11204 S. Western in Chicago). For the remedy, I suggest you write something like "I must be made whole through reinstatement, with lost wages, benefits and full seniority rights." Learn more about the grievance process with this flowchart.
   
   
5. Demand the union file an unfair labor practice charge with the Illinois Public Labor Relations Board (ILRB), once you’ve been fired. If the union refuses, raise it at union meetings state your case to the membership during "New Business" near the end of the meeting. Sometimes the ILRB will reject the request and tell you to go through the grievance process. You have the basis for an unfair labor practice if the company did not allow the union to negotiate discipline on your behalf and/or if you are fired for something not in the Contract or Rules that is a mandatory bargaining item subject to negotiation.
   
   
6. Do your research: Find out through Freedom of Information records requests from the CTA and online cases made public from ILRB any cases that show who has been fired, for reasons similar to yours and the outcomes (usually reinstated) and build a case for yourself. Also research arbitration cases. All these have decisions that set precedent for future cases that may be similar to yours.
   
   
7. Start looking for work. Obviously, you should do this whether your grievance is settled with reinstatement or not. This is especially important if your grievance is held up in review or with an arbitrator (which can take forever). According to p. 110 of Just Cause by Robert M. Schwarz, you actually have a duty to "mitigate" this situation by searching for suitable interim employment.
   
   Create or update your resume, use it in applications, call and network with prospective employers and sources. Keep a written log or diary of each application, date and other notes.
   
   If you apply for jobs at the CTA, beware that your seniority will start over if you are hired. Be sure to consult with the union Vice Presidents if you are doing this. Keep them updated.
   
   
8. Avoid touching your pension if you can afford it. You do not want to need to work to pay back your share if you are reinstated.
   
   
9. Continue paying union dues if you can afford it.
   
   
10. Consider suing the CTA. Find a lawyer that might take your case. He or she will want to know if you filed a grievance. So you are just getting ready IF your grievance is not won. They will probably want you to wait for the grievance. Still see what they say.
    
    
11. Attend the membership meetings. Listen to what is going on and you will learn alot about cases—especially in Local 308 where the right of members to overturn grievances that the union officials reject is honored. Local 241 is not so diligent about this privilege.
    

I hope this helps. Of course, if you have any feedback or have questions, use the form on this blog or call/text me at 779-456-6460.