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I am employed as a college instructor for the Medical

Customer Question
I am employed as...

I am employed as a college instructor for the Medical Laboratory Technician (MLT) program. I am the sole instructor for this program. When I was hired on the college's contract with me was to have my program maintain accreditation. (The MLT program is an accredited program by NAACLS, which requires the program to be maintained by a Program Director) For the first 5 years the college paid for a Program Director, as I did not qualify by NAACLS to be the Program Director. Once NAACLS approved me to be Program Director the college terminated the current Program Director and expects me to add these extra duties and responsibilities onto my already full schedule with no additional pay. I submitted a proposal to the college requesting additional pay and also the approval to add "Program Director" to my business card. The college refused to pay me additional money, and never answered my request to add Program Director to my business card. Another program (Pharmacy Technician program) instructor was allowed to put Program Director onto her business card, and although she did not get paid additional money, she was given "release time" (the college hired someone else to teach her class, so she could perform Program Director duties)... none of which was offered to me... plus there are 2 instructors to teach Pharmacy Tech.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Lakewood, Washington

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our union is very dysfunctional... the college basically "owns" our union. The union President (also the Pharmacy Technician instructor/Program Director) also is being paid as a "Chair Dean" on Administration... and the Grievance Chair person for the union also is getting paid as a "Chair Dean." When I met with the Grievance Chair person from the union, he told me that I had nothing to grieve. I tried to find grievance paperwork, but I cannot find it anywhere on the website. The union doesn't provide union books, and they say it is on the website... sometimes it is... and sometimes it isn't available online... but I looked and I could not find it. I asked another shop steward, but she told me this week that she stepped down and no longer does grievance work, and she doesn't know where to find the paperwork. I know there are others that feel like they should also be reimbursed for performing extra duties as a Program Director, but the college refuses to pay.

Submitted: 5 months ago.Category: Employment Law
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Answered in 5 hours by:
11/24/2017
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,759
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Unfortunately though, since you are in a union and work under a bargaining agreement, you must go through the grievance process set out in the BA if you think you have a grievable action in this case. I can tell you that if you weren't in a union, there would be no legal cause of action as the employer can make these decisions at their discretion absent an unlawful discrimination bias because of the employee's race, national origin, gender, age (over 40), disability, pregnancy or military service.

So, unless you have evidence that you are being targeted for different treatment because one of those factors, then you must use the grievance process. If your union is not assisting you, then you also have a cause of action against the union. In that case, you can file a complaint with the NLRB and may also want to sit down with a local labor law (not employment law unless they also handle labor union disputes) attorney who can assist you through these complaints and help you take any legal action that the attorney believes exists and is in your best interest.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to let me know that I covered your question and also leave a positive rating of my efforts to explain the law of your issue to you, then the Site will give me credit for assisting you today. Thank you.

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Employment Lawyer: Marsha411JD, Lawyer replied 4 months 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 reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.

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Marsha411JD
Marsha411JD
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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