Public Employee Press

Lawsuit wins back pay for Clerical Associate

It took both a grievance and a lawsuit to make the Health Dept. pay Clerical Associate III Manya Montague the money she deserved for doing the work of a higher-paid computer title.

In 2005, when the Local 1549 member learned that she was performing the same computer-related tasks that the agency paid Computer Aides much more to perform, she went to her union rep at the time, Phyllis Streeter, and filed an out-of-title work grievance.

At Step 3 of the grievance process in 2007, management signed an agreement to pay Montague the difference between her salary and the minimum rate for a Computer Aide Level I until she was promoted or her computer duties ended.

Instead, the extra pay ended for no legitimate reason, and the union stepped in again.

It takes a team

Grievance Rep Donna McDuffie got the DC 37 Legal Dept. involved, and in September 2010 Assistant General Counsel Aaron Amaral filed a breach of contract suit. In only two months, Montague got her back pay, over $6,600, and the union dropped the court action.

"As long as the agency can get more for less from the members, they will continue to abuse them," McDuffie said. "Fortunately, this member knew her rights and came to the union."

"When members work with the union, they get positive results," said Renee Gainer, assistant director of the DC 37 Clerical Division.

"I stood up for what I believed was right," said Montague, "and although it took so long, it was resolved successfully."

The 10-year veteran employee pointed out that Health Dept. management keeps hiring highly paid administrators.

"They're earning upwards of $125,000, and they wouldn't pay me an extra $500? It just wasn't right," said Montague.