I work in a school district that has a union contract. Our contract expired on June 30th, and the new one wasn't voted on by the membership until August 28th. In the interim (July 1-August 27), is it common practice to follow the expired contract ? In our old contract , any time worked over 8 hours (this does not include co-curriculars) would be paid at time and one half. In the new contract, if you work additional hours at a job that is not an extension of your own job, you will be paid at straight time at that job's pay rate. In mid-August, I worked my regular hours, then worked additional hours as security for the evening. My question....shouldn't I be paid under the old contract law (time and one-half) ? I had not seen the new contract, it had not yet been ratified, and I was not aware that there was a change made to the overtime component. In a nutshell, I am being penalized by being paid less for working 12 additional hours (Security is on a lower pay scale than what I normally make) and helping them when they were in a bind.
1 Answer from Attorneys
Re: contract law
These union contracts are tricky. Sometimes the old contract will provide for payment of wages according to the same rules until a new contract is in place. Sometimes the new contract will provide for retroactive pay. Sometime the employees get stiffed.
It all depends on the terms of the two agreements, and I recommend talking to your union representative to figure out where you stand.
Feel free to give us a call if you want to talk.
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