Q: Our department had high turnover seven years ago, and a person was hired who I knew would be trouble. We are all transcriptionists at a health care facility. Our goal is accuracy and to achieve a specific line count. That co-worker was and still is a verbally abusive, constant talker. She bad-mouthed another co-worker, whom I defended, so she now gossips about both of us to everyone in the department. I complained to our direct supervisor and then to the department director, who sent a group memo telling everyone to be respectful of others. Of course, nothing has changed all these years. This woman not only is negative and verbally abusive but also tries to disrupt everyone's work so no one will achieve more than she does. I'm worried I'm ruining my reputation for repeatedly complaining about her, but I can't stand to be in the same room with her now. The bosses said they would have to witness it themselves, but they are never here to hear it.

A: Seven years is a long time for management to tolerate a problem employee. Perhaps this employee was hired because of some personal connection that both your supervisor and department director could not ignore. You may be able, though, to trap this woman by recording her abusive language, thus showing she is creating a negative and possibly hostile work environment. Give the recording to your supervisor and calmly say you will stop complaining but want her to hear what you and your co-workers listen to daily.

Union Rep Solicits Member and Then Denies Support

Q: I worked full-time as a provisional employee for a college in New Jersey. A union representative asked me to join and said it did not matter that I was a provisional employee. I joined, and union dues were taken out of my paycheck. After six months, I was let go without notice, and the union rep gave me the news. The rep also told me the union could not represent me because I had been a provisional employee. Can unions legally do this? I should not have been asked to join the union if it could not represent provisional employees.

A: Ask yourself what you hoped to gain by joining. Unions originally were created to help workers who could not speak for or negotiate for themselves with management in large companies. The unions stopped abuses such as forced 12-hour days and child labor. As years passed, some unions unwittingly negotiated their members out of jobs, with repeated strikes and increasing demands. Keeping a company open is not mandatory if management can't make the numbers it wants. Companies resorted to closing whole departments, moving to less expensive locations, outsourcing to foreign countries, and sometimes closing their businesses.

Employees should research, investigate and consider all perspectives before making legal commitments to any organization. That union representative clearly misrepresented the facts surrounding your joining, but you are now on your own to fight it. You may need to hire your own attorney, but check first with your state's labor department to see whether it can represent you in a charge against that union for false representation.

Please send your questions to: Lindsey Novak, c/o Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045. E-mail her at LindseyNovak@yahoo.com, or visit her Web site at www.LindseyNovak.com. She answers all e-mails. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

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