Union Billing Mistake

[MyRelativesSuck]

What is the name of your state (only U.S. law)?

California


I am a non-tenured public school teacher. Each year for the past 7 years, I have worked as a long term substitute or a one year contract.

During my first four years as a sub, the union mistakenly "under billed" me for my dues, and now they are demanding that I pay the back the deficient amount.

In your opinion, how should I play play this? Must I pay them, or is it their loss due to their own mistake? What can they do if I don't pay? Do they have a leg to stand on??

Thanks so much for any help you can offer!

MRS

 

[pattytx]

Why shouldn't you have to pay it? You got the benefits of the union membership, right?

Were you paying the dues through your paycheck? Is the proposed repayment plan through your paycheck also or out-of-pocket?

 

[xylene]

How much money are we talking here?

Unless it were a real small amount I would tell them to stick it

For one, the most years recent amount owed is over 3 years old now.

All of the other amounts, they are trying to collect monies that have been sitting for more than 4 years.

PS - That is the statute of limitations...

 

[MyRelativesSuck]

It's $2200.

I have not heard back from my union rep yet, but I was told that they would do a payment plan.

Of course, they just want me to write them a check, but I need to know what my rights are in this case first. Considering what little I actually get from the union, I am hard pressed to do anything without absolutely needing to.

Thank you all!

MRS

 

[HomeGuru]

It's $2200.

I have not heard back from my union rep yet, but I was told that they would do a payment plan.

Of course, they just want me to write them a check, but I need to know what my rights are in this case first. Considering what little I actually get from the union, I am hard pressed to do anything without absolutely needing to.

Thank you all!

MRS

**A: you are obligated to pay the dues period.

 

[Zigner]

See, the OLDEST shortages were paid by the more recent payments...the final amount owing is not outside of the SOL because it was incurred on the date the final payment was due

 

[xylene]

See, the OLDEST shortages were paid by the more recent payments...the final amount owing is not outside of the SOL because it was incurred on the date the final payment was due

They had their 4 years to notice the shortfall on each years contract.

 

[pattytx]

They had their 4 years to notice the shortfall on each years contract.

Do you have a law or case you can cite?

 

[xylene]

Do you have a law or case you can cite?

Because there is no law or case law that allows them to aggregate the amount owed, as opposed to calculating on a per contract basis.

She was not continually employed by the district.

Why is the union able to aggregate shortages that occurred in discrete periods of employment, going back seven years when the SOL for claims of this type are 4 years?

Wage claims would be effectively time barred, and similarly the statute of limitations for wage deductions applies for each discrete period of employment

Had she been continuously employed by the district this 'on discovery' argument is more weighty.

 

[pattytx]

Then there isn't a law that says they CAN'T do it either, right?

What makes this any different than any other obligation for which there was a mistake made and the obligor underpaid?

 

[xylene]

Then there isn't a law that says they CAN'T do it either, right?

What makes this any different than any other obligation for which there was a mistake made and the obligor underpaid?

There is a law, the statute of limitations on a debt. 4 years.

It is exactly like any underpayment

She can't be collected on for the debts owing to contacts that ended over 6, 5 and 4 years ago.

Only the shortage on the most recent underpaid dues barely squeaks in.

What, the union is allowed an endless lookback beyond the statute on discrete contracts?

 

[pattytx]

Then why didn't you post the actual law the FIRST time I asked you?

 

[xylene]

The California Code of Civil Procedure Section 337 deals with the statute of limitations for written contracts.

There is of course no secret about California's SOL for a debt on written contracts.

In my entire argument to the poster, I have claimed that the SOL has tolled on the oldest three of her contracts the union claims she owes money on.

I don't see any basis elsewhere for the union to 'roll-up' the unpaid funds from separate contracts as if they were one debt that was not time barred.

 

[MyRelativesSuck]

Update

As it turns out, some of the info I was given at work was incorrect (shock!).

It was not union dues that went unpaid, but contributions to my state pension fund. Still, the other facts are the same: the period of missed payments is all before 2007.

This makes me think that it is my choice to invest or not....it is not debt. Am i wrong there?

The other thing that comes to mind is this: if I do re-invest the missing amount, shouldn't CALPRS add the amount of interest I would have earned since 2004 when this all started?

Thanks again for all your input!

MRS

 

[xylene]

Well, don't take their Baloney

Don't do anything until your union delegate, acting as an advocate for you works on your behalf.

Your union is not supposed to be a collection agency, a virtual branch of government

PS - I am pro union - but you particular union is part of a big problem and is the reason you are a perennial substitute teacher...

Good luck.