Legal Question in Employment Law in California
Retro pay due from past employer?
I used to work for a local gov't (a city). I was represented by a Union. Our collective bargaining agreement exp 6/30/03. I continued to worked for City until 10/4/03. A new agreement was reached 3/16/04. The Council resolution adopting the new agreement AND the MOU state ''with a term effective July 1, 2003 through June 30, 2007'' and it calls for pay increases retroactive to July 1, 2003. I was informed that they do not intend to pay me the retro pay for 7/1-10/4/03 because I am not CURRENTLY an employee. There is NOT anywhere in the Council Resolution OR the MOU that stipulates that retro pay is only for employees employed as of 3/16/04 or any other date for that matter. I e-mailed the HR Dir., she told me {that Section 1.1 Recognition used the language ''..representing employees occupying those positions..'' points to current employees only and that since I was not an employee when this contract was actionable} they don't owe me the retro pay. I don't trust her interpretation. I was a ''current employee occupying those positions'' on 7/1/03, the EFFECTIVE date of the MOU. The Union has been completely unhelpful, failing to give me an answer one way or the other (I do not currently pay any dues). Am I due retro pay? Thanks
1 Answer from Attorneys
Re: Retro pay due from past employer?
The application of the retro pay deal will depend on the agreement that created it. In most cases the Union and company agree to extend the expired contract without a strike in return for a promise that upon settlement of the contract the wages will be retroactive to the expiration date. I can't imagine a provision that would address employees who have left the job. There is no obligation on the part of the union to protect you - their focus is current employees.
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