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PEP Dec 2003
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Public Employee Press

“It takes a union” to win clerical out-of-title grievances

It takes a trio to enforce a contract. First is the aggrieved member — the one with the problem. Second comes the shop steward — the front line of defense at the work site in the everyday struggle to protect members’ rights. Third is the grievance rep, who works to bring about a successful conclusion. Four recent victories at Metropolitan Hospital showed the trio in action.

Management often asks members of Clerical-Administrative Employees Local 1549 to do higher-level duties — in other words, out-of-title work — without raising their pay or job title. This recently happened to Thelma V. Jean-Louis, a Clerical Associate II; Miriam J. Ozoria and Lashan Gonzalez, both Clerical Associate IIIs; and Carlos Rios, a Clerical Associate IV.
“I was doing out-of-title work for quite a while,” said Ms. Jean-Louis. “I was there by myself, making decisions at the front desk, dealing with visitors and doctors on call. It was very stressful.”

Management promised Miriam Ozoria a promotion that never materialized. “I was supervising four people for a long time,” she said.

All four members filed grievances with Shop Steward Daniel Linares. All four were settled at first step hearings with Grievance Rep Efrain Perez representing the union. All four received title upgradings and payments covering the difference between their actual pay and the right rate for the work they were doing, back to the dates they filed grievances. “The members deserve to be paid for the work they do,” said Mr. Linares.

“The union was very helpful and I am very happy,” said Ms. Jean-Louis. Lashan Gonzalez, concurs: “It was quick and very effective. I’m happy that I’ve gotten my back pay and my upgrade.”

Clerical Division Director Ronnie Harris said, “Every member should know that the contract protects them when management assigns higher level duties and doesn’t pay the appropriate amount.” Mr. Perez pointed out that, “The members should consult with a shop steward 30 days after doing out-of-title work, to proceed with the grievance process.”

“This is an important issue for all hospital workers,” said Assistant Director Renee Gainer. “At Metropolitan, it’s a constant problem.”

 
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