Are there any special considerations for whistleblowers in a unionized workplace?

Yes, there are special considerations for whistleblowers in a unionized workplace. Virginia labor law recognizes that employees have a right to engage in protected activities, such as reporting perceived violations of the law, and that union members may be especially vulnerable to retaliatory action for engaging in such protected activities. The Virginia Labor and Employment Relations Act and the state’s public policy safeguard workers in unionized workplaces from being disciplined, discharged, demoted, or subjected to any other form of retaliation for engaging in public policy protected activities, such as whistleblowing. Additionally, the state’s labor laws prohibit employers and union from entering into agreements that would preclude employees from engaging in protected activities. Additionally, because unions may have negotiated certain rules that are more favorable than at-will employee protection, unionized workers may be in an even better position to be protected from whistleblower retaliation. For example, unions may have negotiated for a just-cause standard for disciplinary action, which could be more protective of unionized workers than a just-cause standard typically offered to at-will employees. Therefore, it is important for employees to become familiar with the whistle blower and antidiscrimination laws at the state and federal level, as well as any union negotiated agreements. Knowing these laws can better equip union members to challenge any retaliatory action that their employers may take in response to their whistleblowing.

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