The UAW Legal Services Plan Explained
The UAW Legal Services Plan was enacted in 1978 following a vote of the UAW International Executive Board. This Plan provides professional legal services to UAW members and their families. As a plan established by the UAW for the benefit of its members, the UAW Legal Service Plan is available only to members of the UAW whose employers have entered into a Collective Bargaining Agreement with the UAW providing for such representation. Employees who are represented by unions other than the UAW at their workplace are ineligible .
The purpose of the Legal Services Plan is to provide access to professional legal services for members, free from any situation that would involve potential conflict of interest, and again, without charge. In this respect, the Legal Services Plan provides a critical service to union members.
Represented by a select group of attorneys, paralegals, and support staff, the Local Legal Services Offices offer no-cost legal services through the organization’s network of legal professionals.
Eligibility and Enrollment Information
Any active or retired employee of a UAW-represented company is eligible to participate in the UAW Legal Services Plan. To be eligible, the employee does not have to be a UAW member; but he or she must work for a UAW-represented employer and be covered by the plan. The eligibility for a spouse of an employee is more complicated. For an employee’s spouse to participate in the plan, the employee himself must be able to participate. That means that the employee and spouse are eligible if the employee is represented by the UAW in the workplace. But spouses of non-UAW employees are not eligible.
Certain individuals are considered "retired employees." If the individual is a retiree who earlier used a UAW Legal Services Plan attorney, but who presently has no foreseeable need for legal services, the individual will be able to reactivate his or her UAW Legal Services Plan eligibility IF the individual’s last UAW Legal Services Plan case request was based on a need for legal services as defined by the UAW Legal Services Plan rules.
An employee can enroll for UAW Legal Services Plan free of charge only once in a lifetime. The "lifetime enrollment" rule does not apply to employees who are now eligible because they work for a new UAW-represented employer or employees who are enrolled with QCC and are now eligible because their employer became a UAW-represented company. An employee may enroll within 90 days of being employed in an eligible position by a UAW-represented company.
Benefits of the UAW Legal Services Plan
An essential reason union members sign up for the UAW Legal Services Plan is that it offers enhanced legal services to individuals who elect coverage. The Plan is also available to member’s retirees and their family members.
Unlike some other types of legal plans, the UAW Plan covers almost everything. While workers’ comp claims, administrative agency hearings, wrongful termination claims, and other types of claims might be covered under other types of union legal service plans, representation in union contract negotiations is specifically covered by UAW’s plan.
Other types of union specific matters are also covered. If your plant is closing or your job is being shipped out, for example, UAW plan members will receive services to assist them with the process. Again, there are many union plans but few cover these types of situations.
Another critical protection offered by the UAW plan is protection for families. If you’re the power of attorney for your sick relative, even if they’re not a member, you can use your Plan benefits to get help getting their finances and medical care in order. A common misconception is that only substantiated members are covered. The Plan actually covers a family member.
Common Issues Handled
The UAW Legal Services Plan is designed to cover a wide array of legal issues that members may face throughout their lives. These issues generally fall into several categories, including estate planning, real estate and transactions, family law matters, bankruptcy, criminal law, taxation, and general litigation. One of the most requested services provided under the plan is assistance with estate planning. Members can receive guidance on wills, trusts, powers of attorney, and other planning documents. The plan also provides assistance for probate proceedings, if necessary. Real estate transactions are another common area where members find themselves in need of legal assistance. Services under the plan to assist members in buying or selling their home, negotiating leases, drafting mortgages, and resolving disputes regarding property lines and boundaries. Specific advice and negotiation assistance is also provided in regards to real estate taxes and zoning issues. Family law matters such as divorce, annulment, separation, and the like are often the most urgent legal issues for many members . The Plan provides useful advice and assistance with legal forms in the event of a divorce, separation, invalidation of marriage or annulment. Members are also provided assistance with guardianship and conservatorship issues that effect both minor children and incapacitated adult relatives. Financial matters also feature prominently amongst the issues that are covered under the Plan. Members are given advice and guidance on various methods to avoid bankruptcy, bankruptcy procedures and requirements, as well as the entire process of filing bankruptcy and the potential consequences. Related to bankruptcy is taxation. The Plan also affords members the opportunity to receive significant assistance with tax law, both the basic concepts of tax law and filing, but also to fight against potentially onerous tax decisions. Traffic related offenses and family law are the two largest categories within the Plan. However, in reality anything that you would hire a lawyer for, including cases which seem to defend the Plan. Even criminal cases, or the defense of speeding tickets, may be defended by Plan lawyers, as long as it otherwise fits within the scope of the Plan.
Getting Legal Services
The UAW Legal Services Plan can be accessed through a member’s union local, which will then assist in the assignment of attorneys at the local level. After reviewing an individual’s eligibility and determining their need for counsel, the local sends the request to the UAW Legal Services Plan in Detroit, which assigns the request to a participating attorney.
Each request for assistance must be referred to the UAW Legal Services Plan by a union representative. If a union representative is not available, individuals can contact the UAW Legal Services staff directly.
Employees may call a UAW Local or a UAW UAW Service Center (where there is no UAW Local) to represent them for legal aid.
The UAW Legal Services representative will ask questions regarding the eligibility of legal services benefits. If the employee is eligible for assistance, the representative will send the request to the UAW Legal Services Plan in Detroit. The plan will then assign a participating attorney to represent the employee. At this stage, participating attorneys are limited to preparing the litigation and offering counsel in the litigation process. However, the attorney will not take a case all the way through trial and will only represent the union member during litigation. Any negotiations or ADR that must occur during the litigation will be liable to the union member to take on.
Each participating attorney is assigned as many as eight cases from the UAW Legal Service plan, with the exception of active cases. Each case will have a UAW Local (Bargaining Unit Chairperson) who is responsible for checking in on the case and making sure it is handled appropriately. If the active cases appear to be taking longer than the expected time frame, the UAW Local could ask Regional Counsel to assign another attorney.
Frequently Asked Questions
Do I need to bring my legal issue to a UAW Legal Services Plan Designated Representative before I contact the UAW Legal Services Plan?
Absolutely. A UAW Legal Services Plan Designated Representative is there to help you decide what type of legal service you may need and whether or not you can qualify for services through the UAW Legal Services Plan. It’s important to talk to a UAW Legal Services Plan Designated Representative about your legal issue even if you are fairly certain it will be covered by the UAW Legal Services Plan.
Will I have to pay anything for the services provided by the UAW Legal Services Plan?
The UAW Legal Services Plan covers the cost of the legal services provided to you by the UAW Legal Services Plan Designated Representative. However, there are circumstances where a small fee may be charged to you for services. For example, you may be reimbursed for out-of-pocket expenses a UAW Legal Services Plan Designated Representative may incur, such as court costs, fees paid to experts , filing fees and the like. A UAW Legal Services Plan Designated Representative will review with you any such requirements in advance.
Are there any limitations to the legal services that will be provided through the UAW Legal Services Plan?
Yes. In addition to the type of legal matters that are covered by the program, a UAW Legal Services Plan Designated Representative may only represent individuals or groups of no more than three employees or retirees at one time. Furthermore, a UAW Legal Services Plan Designated Representative may not accept an individual case against the International Union or a Local Union, another UAW member, or UAW staff.
How does the UAW Legal Services Plan handle disputes between a participant and a UAW Legal Services Plan Designated Representative?
Although it is uncommon, there may be times when you feel that a UAW Legal Services Plan Designated Representative does not have the legal resources to address your specific needs. In those circumstances, you should immediately make your concerns known to the UAW Legal Services Plan so that those concerns can be addressed and handled.
