Final answer:
The first step in addressing a wrongful discharge claim from a bargaining unit employee is through the grievance procedure as per the collective bargaining agreement. This includes potential arbitration if necessary, and failure to follow these steps may forfeit further legal action. Employee rights under laws such as OSHA and Title VII are also relevant in these disputes.
Step-by-step explanation:
In the event of a wrongful discharge claim from a bargaining unit employee, the claimant's right of review must first be addressed through the established grievance procedure outlined in the collective bargaining agreement. If the issue is not resolved at this level, it can be escalated to arbitration, which is typically the next step in the dispute resolution process outlined in the agreement between the employer and the union. It is critical for the claimant to follow these procedures carefully because failure to exhaust the grievance and arbitration process can result in the loss of rights to seek further legal remedies.
For instance, if the wrongful discharge is alleged to be a result of retaliation for the employee exercising their OSHA rights, the initial complaint would still follow the union's grievance procedure, but could additionally be directed to OSHA for investigation. It is unlawful for an employer to retaliate against an employee filing a complaint or using their rights under OSHA. Complaints of discrimination, such as those outlined under Title VII of the Civil Rights Act, may also feed into the grievance process and could eventually be subject to review by federal courts if not resolved through arbitration or union channels.