Understanding the Union's Role in Arbitration for Work Disputes

To begin with, if your union’s leadership does not feel that you have a good chance for a positive outcome, it is highly unlikely that they would pursue the case to arbitration. Unions are accountable to their members and manage their dues in a responsible manner. They often choose to go to arbitration, but the associated costs are typically shared, and it is often observed that companies have significantly more financial resources than unions. As such, unions are more likely to pursue arbitration cases where there is a reasonable expectation of a favorable result.

Why Unions May Pursue a Case Even with Uncertainty

Depending on the circumstances, a union may decide to pursue even a relatively weak case in the hope of achieving justice. Just as lawyers are motivated to pursue strong cases more resolutely, union stewards are more likely to pursue cases with a higher likelihood of success with greater vigor. However, it is not uncommon for unions to be driven by a desire to defend contracts and protect the rights of their members, even if the chances of a win are slim.

Union Leadership’s Considerations

Most likely, your union leaders believe that you have a decent chance of prevailing in this dispute. This belief is the primary reason why they would submit it to arbitration in the first place. However, history has shown that this is not always the case. In some instances, unions have been known to pursue arbitration even when they felt that the case was unlikely to be won, under the belief that justice mattered more than financial considerations. In one scenario, the union bylaws guaranteed that the union would take a member’s firing to arbitration, but leaders often tried to talk the fired worker into waiving this right to save costs when they felt the case was unwinnable.

In response to these experiences, some unions revised their bylaws to mandate that union leadership must vote on whether to take a case to arbitration. This change was made to ensure that union resources were not wasted on cases with minimal chances of success. As such, it is reasonable to assume that your union leadership feels you have a decent chance of being reinstated, but you still need to demonstrate that arbitration is necessary to defend the contract, or at least that this decision affects a significant number of your fellow members.

Why Unions Fight for What’s Right

Unions are there to fight for their members, and this is evident in the way they represent workers even when the odds are against them. As a union representative, I have faced numerous cases where the chances of success were extremely low, yet we fought on because the principles mattered more than the likelihood of victory. Therefore, while there may be concerns about the outcome, your union is most likely doing its best to advocate for your rights and secure the best possible resolution for you.