How do I bring my hourly wage up to scale with my employer while being part of a union?

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How do I bring my hourly wage up to scale with my employer while being part of a union?

My union rep wasn’t aware I was started below scale wages when I was hired 2 years ago and said they can’t get me to where I should be because of the way the contract was set up. Is there anything legal I can do on my own to rectify this situation?

Asked on February 29, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should take a look at the union contract yourself, and probably also bring a copy to an employment law attorney to review with you.

As a general matter, an employer is free to set wages and compensation--that is, it can pay its workers anything it wants. If there is an employment contract, including a union agreement, however, the employer must honor or obey its terms. Therefore, if the contract would require you to be paid more, your salary/wages should be increased; but if the union agreement does not require you to be paid more, then the employer would be free to not increase your pay.


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