Yes, you do have a legal recourse. First check your contract
to be sure it is a legally binding document. Check any
references to any Rule nos. or document nos.; any state
statutues; check for any legalese language which may confuse
the ordinary layman. You don't necessarily have to use your
union representative unless there is written directive(s)
stating that you must use that person. You may, however, make
reference to the union representative when acknowledging that
you did notice and discuss the issue with that union
representative; but your civil action is 'Breach of
contract'; you may even seek triple monetary damages and seek
punitive damages because of discrimination. It sounds like
this may be a Civil Rights violation; check thoroughly - i.e.
civil rights violations in the workplace; civil rights
violations - discrimination; violation of federal law
relating to work ethics; you will have to do some extensive
research or you can hire a lawyer; lawyers don't usually take
cases if they cannot see a guaranteed substantial
(worthwhile) return. You may even have to do pro se; begin
with the U.S. EEOC (U.S. Equal Employment Opportunity
Commission)in Washington, DC. I would wish you luck, but I
don't believe in luck, so in the Power of our Lord and Jesus
Christ, I pray VICTORY for you and your family.

Lillian Anderson
Cocconut Creek, Florida
On 3/30/09, bassman wrote:
> I have a question and I'm not sure where to turn...
>
> I am tentured in my district, and have been there for 8
> years. I am considered highly-qualified in my state, and
> have my Masters. Last year, a position opened up within my
> district that I wanted. I was the only in-house candidate
> to apply. According to our contract, any position that
> opens up within the district for which you are qualified
> and, barring any disciplinary actions, should be awarded to
> that candidate prior to giving it to any outside
> candidate. I had no disciplinary actions, and was
> obviously more thnan qualifued for the position (it was for
> instruemntal music and I have my Masters in musidc
> performance and have taught instrumental music prior to my
> position at this district, which is general music.)
> Anyhow, to sum it up, the position was awardede to a first
> year teacher, fresh out of college with *no*experienec at
> all and who was an outside candidate. When I went to my
> union, the head of the union stated "that's what happens"
> and did nothing. NOw, this union head is known for doing
> nothing and no one is happy with him - unfortunately, he
> has done underhanded things to make sure no one runs
> against him and to guarantee his re-election every ection
> time. There is currently a complaint against at the state
> level, but that is taking a while to get done.
>
> My question is...do I have any legal recourse to take
> action either against the union for non-representation and
> against the district for breaking contract?
>
> Does anyone know where I can find assistance for something
> like this?
>
> Thanks

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