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Public
Employee Press Steward
wins his own out-of-title case
Four
years of diligent work on an out-of-title grievance recently paid off for Herbert
Foster, chief steward at the Crotona Food Stamp Center in the Bronx for Clerical-Administrative
Employees Local 1549.
In 2005, management began giving the Clerical Associate
II tasks that fit the job description of a Level III. Foster more used
to helping the sites other 100 members write up their grievances
filed one on his own behalf.
Working with Clerical Division Council Rep
Nathaniel Hurt, he pushed the issue up through the steps of the grievance procedure,
where the Human Resources Administration remained negative. The union went to
impartial arbitration, with DC 37 attorney Thomas Cooke handling the case, and
on April 30 Foster was vindicated. The settlement ordered the agency to pay him
the difference between the minimum pay for a CA III and his CA II salary
an award he estimates at about $10,000.
Im disappointed that
Ive been denied the opportunity to do the Level III work, which I demonstrated
I was quite efficient at, said Foster. But otherwise Im pleased
with the outcome. Out-of-title work is a common problem here, and our win sends
a message to union members and to management.
Its a shame
that agencies force people to work out-of-title, said Hurt. When they
get caught, they stop for a while, but then they go back to it again.
While
Fosters back pay was substantial, said Hurt, The right thing would
have been to upgrade him to the higher title.
Members should pay
attention to their job descriptions and check with stewards and union reps if
they believe their assignments are out-of-title, said Clerical Division Director
Ronnie Harris. This case shows that if we stick to it, we win, he
said.
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