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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19773
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was discharged from my job an my union contract says i am

Customer Question

I was discharged from my job an my union contract says i am to be payed any accured vac time i have been terminated since 1/19/15 can i sue my employer in court an can i get intrest an any other penalties i worked in ny state
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question. Can you please tell me if you filed a grievance through the union for the non-payment of your vacation pay? If not, why not?
Customer: replied 1 year ago.

my union rep said he sent hr a text message i spoke to union rep 3 weeks ago he never got back to me the union is use less

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. Unfortunately, if this is in the bargaining agreement, you are stuck with using the grievance procedures under the BA. In other words, it is a contract and you must follow the procedures in the contract. Without reading the contract I can't tell you what it says about grievance procedures for wage disputes, but they usually require a grievance, not a text message. So, you have a few options. One is to try to go above your rep to get the union to file a formal grievance. Your other option is to file a complaint with the NLRB against both the employer and the union (the union for not fulfilling their fiduciary duties). However, the NYS DOL will not generally take a wage complaint when a BA is involved, since you are rights under the BA. But, you can try. Finally, you can sit down with a local labor law attorney to see if he can get the union to take action on your complaint. But, you can't just go into small claims court and sue when the BA procedures have not been exhausted. Please feel free to ask for clarification.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 24th. For some unknown reason, the Experts are not always getting replies or ratings (which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.