where to file a complaint

[adlerel]

What is the name of your state (only U.S. law)? NY
If I want to file a unfair employment practice against me by my employer who would I contact? I am not in a union.

 

[cbg]

You'll have to give us some idea of what kind of unfair practice you're referring to as it could make a difference to the answer.

 

[adlerel]

I have a written agreement which bases my salary upon enrollment and revenue of my particular class(I am a teacher) The agreement states that this year since enrollment is down 33% they are decreasing my salary 30%. It then states that should enrollment and revenue of my class go up next year my contract can be revisited and adjusted upward and should enrollment go up to full next year my salary can be restored.
So now next year has come and they are not considering me attached to any revenue or enrollment. They are telling me "that was last year's agreement". I read the parts of the agreement which state "next year" and they simply are saying "sorry" we are not going to abide by it.
Basically, saying to me they are not honoring their agreement. I had gone over the entire agreement last year(on advice of an attorney) to verify the parts that talk about next year-my boss stated to those stipulations of next year with the word "that is correct".
Once again, I am in a non union school.

So where do I go to file a complaint?...Better Business Bureau, National Labor Relations Board or other??

thanks

 

[swalsh411]

Great it's you again. Even if this agreement were legally binding (and that's a big IF) it still doesn't require that they give you a raise. If you don't think the pay is fair, find another job.

Do you think the answer is going to change because you posted a new thread?

If you are still believe you have a valid actionable claim then go talk to a lawyer.

 

[adlerel]

Thanks for your response,
I am working with a lawyer-(see my above thread) and the one the suggestions that he had was to file a complaint with a labor board-which I already have (NRLB). I was just wondering if there are any other organizations that I could file with.

By the way, my letter of agreement is a valid binding contract(from my lawyer)because it is signed by both of us. of course, as you say, that does not mean I am going to win the case.

 

[eerelations]

You're not a union member and yet your lawyer told you to file a claim with the NLRB??? Fire that lawyer immediately!!! Really!!! He's a bad bad bad bad lawyer!!!

The NLRB deals with union issues only, and anyone with a teeny-weeny smidgeon of employment law knowledge knows that - this is taught the first minute of the first class of Employment Law 101!!!

The only places where you could possibly file a claim for something like this would be the federal or state DOLs, or small claims court. Your chances of winning in any of these venues, however, are slim to none (as you've been told over and over and over and over).

 

[swalsh411]

I don't believe for one second that the OP has ever spoken to an actual attorney about this.

 

[eerelations]

Nor do I believe that she actually filed a complaint with the NLRB - she may have called them, but they would have immediately told her that she's calling the wrong place. They certainly wouldn't have taken her complaint - even if they wanted to, they're legally not allowed to take non-union complaints.

 

[mlane58]

even if they wanted to, they're legally not allowed to take non-union complaints.

That isn't correct eerelations, employees do not need to be union members to be protected by the National Labor Relations Act. The NLRA is generally perceived as protecting just union employees, but the Act really protects and gives rights to both union and nonunion employees.

The NLRA gives every employee the right to engage in activities for the mutual aid and protection of employees, including activities that impact the terms and conditions of employment. This would also include employees talking about their salaries.

 

[cbg]

Damn, I didn't recognize the screen name.

Lady, complain to anyone you want to. The BBB does not address employment issues, by the way, but go ahead anyway.

Just stop complaining to us. You're not going to listen to anything we say so there's no point in asking.

 

[eerelations]

That isn't correct eerelations, employees do not need to be union members to be protected by the National Labor Relations Act. The NLRA is generally perceived as protecting just union employees, but the Act really protects and gives rights to both union and nonunion employees.

The NLRA gives every employee the right to engage in activities for the mutual aid and protection of employees, including activities that impact the terms and conditions of employment. This would also include employees talking about their salaries.

I agree wholeheartedly! However, this OP is talking about whether her employer should be required to give her a pay increase, and given that she is a non-union employee with no CBA, I hardly think the NLRB is the place to go with this issue.

 

[mlane58]

I agree wholeheartedly! However, this OP is talking about whether her employer should be required to give her a pay increase, and given that she is a non-union employee with no CBA, I hardly think the NLRB is the place to go with this issue.

No argument here, I was just replying to your statement

even if they wanted to, they're legally not allowed to take non-union complaints.

 

[adlerel]

That isn't correct eerelations, employees do not need to be union members to be protected by the National Labor Relations Act. The NLRA is generally perceived as protecting just union employees, but the Act really protects and gives rights to both union and nonunion employees.

The NLRA gives every employee the right to engage in activities for the mutual aid and protection of employees, including activities that impact the terms and conditions of employment. This would also include employees talking about their salaries.

Thank you-yes you are right the NLRA DOES protect the rights on Union AND Non Union Employeees. The other people responding to my inquiries are not correct. My attorney has been incredibly helpful and it is a good thing I do not take the advise of most of the people on this posting board.
Thank you again.

 

[adlerel]

Nor do I believe that she actually filed a complaint with the NLRB - she may have called them, but they would have immediately told her that she's calling the wrong place. They certainly wouldn't have taken her complaint - even if they wanted to, they're legally not allowed to take non-union complaints.

Please read Maine's reply. NLRA-DID take my complaint as non union-and I am protected under their umbrella and I was directed to the correct division.
Whether I will get anywhere with my employer, of course is another issue.

 

[adlerel]

Damn, I didn't recognize the screen name.

Lady, complain to anyone you want to. The BBB does not address employment issues, by the way, but go ahead anyway.

Just stop complaining to us. You're not going to listen to anything we say so there's no point in asking.

By the way,
I am a man. And I was just ASKING if the BBB adresses employment issues not telling anyone. Is not this the reason for these posts- to get answers. Why would you be so means spirited about this?
I am working to save my job and make a living. My research on this matter has come from many sources. If posting on this board has people like you being antogonistic-your not really helping-If you were in my position where now you are not being able to support your family wouldn't you fight and find out as much as you can too?