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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116816
Experience:  20+ Years of Employment Law Experience
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Son working in Northern Virginia covered by a

Customer Question

Son working in Northern Virginia for employer covered by a Collective Bargaining Agreement. The union is not supportive of his wage theft claim because they say the union and the company have an agreement but refuse to provide a copy of the agreement which supposedly says it is ok for the employer to negate the employees hours worked prior to 3-30-2008. The CBA is constructed so that an employees wages are based on the "cumulative" hours worked. Is there someone in Northern Virginia who is willing to take on not only the labor union but also the employer?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. I am afraid that state law forbids us from representing anyone from this site. All we are allowed to do is provide information to customers regarding their situation to help them know what direction to go in. Has your son considered filing a unfair labor claim with the National Labor Relations Board?
Customer: replied 2 years ago.
Been there done that. NLRB maintains that because the union investigated the complaint, and even though I disagree with their findings, complaint against the Union is without merit. On appeal I pointed out that the collective bargaining agreement specifically states how to handle placement on the wage scale as it applies to an existing employee and credit for the employees' hours worked up to the date of the CBA. The union says they have an agreement with the company which allows for the inappropriate placement but to date has not provided me with a copy of that agreement nor has it been posted on the Department of Labor website. I feel I am correct but can't find anyone to argue my case. The employer will not return my phone calls.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. If the NLRB has found the claim to be without merit, you need to obtain a copy of this alleged agreement with the union and employer. The reason being is that if there is such an agreement, then legally your son has no basis to sue the employer in court for his wage claim. If your son sues and they prove that there is such an agreement between the union and employer, your son's suit would be dismissed.This is a downside of union membership in that they can negotiate these deals with employers and enter into agreements for the benefit of all of the employees and not just the few. So before your son would have a right to sue for violation of the contract, your son needs to get a copy of the alleged agreement the union claims exists, because that agreement would control. IF they or the employer cannot produce this agreement, then your son needs to file suit against the employer for breach of contract in not paying proper wages.
Customer: replied 2 years ago.
OK thanks for your assistance.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.Please do not forget to leave positive feedback as the experts are not employees of this site and get no credit for spending time with customers unless they leave positive feedback for the expert. Thank you so much.