Cheated on paycheck.

[upal_2]

I have been working at the same company in California for several years. During that time I would sometimes begin my shift during the day shift, and continue working into the swing shift (start work @ 6:00am, finish @ 7:00 or later). When I asked about getting shift differential pay for working into the second shift I was told it was not possible due to the fact that the hours I was working were a continuation of the day shift, and therefore since I started working during the day shift my entire pay would be at day rate. Recently I was moved to the grave shift, I now start work @ 2:00am (during grave shift) and finish my shift @ 12:00pm. The first three hours of my shift is paid at grave rate, but once my work schedule passes into day shift my rate of pay gets cut to day shift. This not only affects me, but several other employees as well. We are a union site, but our union contract has so many holes you could drive a truck through it.

To recap: Since my employer as a non-writen rule that all shifts starting during day will continue at day rate regardless of hours worked, would not the same also apply if I start working during grave, should not my higher rate of pay extend into the day-shift. Any advice will be greatly appreciated.

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[buddy2bear]

File a grievance. Take it through all the steps until you get it in front of an arbitrator. Your "recap" is your argument - going on so long it can be considered a past practice.

 

[upal_2]

Thank you for your response. Are these past practices considered to be set in stone by a court of law? I am certain that they have bent this rule in the past for certain employees.