Understanding the Limits of Your Union's Lawyers

Union representation plays a vital role in protecting employees' rights in Illinois. Union lawyers regularly assist with grievances, discipline, arbitration, and contract enforcement. However, a frequent misunderstanding is the belief that a union lawyer represents an individual employee in all legal matters arising from their employment.

As much as a union lawyer may want to help you, union attorneys in Illinois operate under defined legal, ethical, and practical limitations. Many workplace disputes involve individual legal rights that fall outside the scope of union representation and require independent legal counsel.

Who the union lawyer represents

In Illinois, a union attorney represents the labor organization, not the individual employee. While a union lawyer may advocate on behalf of a member in grievance proceedings or arbitration, their client remains the union itself. As a result:

• The lawyer's duty of loyalty is to the union as an entity.
• Decisions are made based on the collective interests of the bargaining unit.
• The attorney cannot pursue claims that conflict with union policy or strategy.

If an employee's interests diverge from the union's interests, or from the interests of other members, the union lawyer may be restricted from acting under the Rules of Professional Conduct.

Collective bargaining issues vs. individual legal claims

Union lawyers primarily focus on enforcing the collective bargaining agreement (CBA), including:

• Discipline and termination
• Contract interpretation
• Seniority and promotion disputes
• Pay, benefits, and scheduling issues

However, many workplace problems arise under Illinois or federal statutes, not the contract. These issues often involve individual rights and remedies that go beyond the CBA. Common examples include:

• Discrimination and harassment under the Illinois Human Rights Act
• Retaliation for whistleblowing under the Illinois Whistleblower Act
• First Amendment or due process claims (for public employees)
• Family and medical leave violations
• Workers' compensation retaliation
• Wage and hour violations under Illinois law

Union lawyers generally do not litigate these claims, and in some cases, they are ethically prohibited from doing so. In most of these cases, if a union lawyer did take the case, it would not be covered by a member's regular dues.

Conflicts between union obligations and individual claims

Unions in Illinois have a duty of fair representation, which requires them to act in the collective interest of the bargaining unit. That duty can create significant conflicts when an employee's claim involves:

• Allegations against another union member
• Challenges to workplace practices negotiated by the union
• Claims that could expose the union to liability
• Requests for remedies unavailable under the CBA

For example, a discrimination claim may seek compensatory damages, emotional distress damages, or injunctive relief, none of which are typically available through arbitration. Similarly, a constitutional claim by a public employee may involve rights that cannot be waived or negotiated by the union.

In these situations, union counsel may decline representation entirely or limit their involvement to the contractual aspects of the dispute. A union lawyer may be present during certain proceedings, but that presence should not be mistaken for comprehensive legal representation of the individual's personal interests.

When Illinois employees should seek independent counsel

Employees should consider consulting a private attorney when dealing with:

• Discrimination, harassment, or retaliation claims
• Constitutional or civil rights violations
• Whistleblower matters
• Potential civil litigation against the employer or co-workers
• Claims involving personal liability or damages

An independent attorney represents only the individual employee, evaluates all available legal remedies, and can provide advice free from collective bargaining or labor law constraints.

Union representation and private counsel can coexist

Seeking independent legal counsel does not mean rejecting union representation. In many Illinois cases, union grievance proceedings and individual legal claims proceed simultaneously. Coordinating these efforts carefully can help preserve contractual rights while also protecting statutory and constitutional claims.

Key takeaway

Union lawyers provide essential representation in labor matters, but their role has clear legal and ethical limits under Illinois law. When workplace issues involve individual legal rights beyond the collective bargaining agreement, relying solely on union counsel can limit employees' legal remedies and recovery.

Keep in mind, it's not that a union attorney doesn't want to help. They are limited in the scope of their representation by the ethical rules and the reality of their authority under the applicable labor law. Understanding when to seek independent legal advice is critical to protecting your rights and ensuring that all available remedies are fully explored.

McGregor Dunn Law LLC has experience representing employees who are also union members. We are ready to work alongside your union to get you the justice you deserve. Contact us today.