Filed Grievance - Lay Off Threatened

[gotlawyer]

What is the name of your state? NY

Hello,

I'm in New York and I work at a State Agency, of all things, doing Statistics work, but really am sort of a jack-of-all trades. Normally this job is issued a salary grade and title for an economist. However, I've been working under a lowpaying, low level, adminstrative title now for nearly 5 years. All this despite having passed promotional exams that I was instructed by management to take, and the fact that it's in my contract of employment that I should be promoted to an approriate job title and salary grade for doing out-of-title duties.

I am represented by a public employees union and filed a grievance with them against my employer. Despite management conceding that I am doing work above my title, rather than risk an arbitration settlement to pay me a fair wage - they threatened to lay me off if I didn't withdraw it. And I did withdraw it.

Actually, they are sort of working around the direct lay off. They were saying if I continued with the grievance for a fair wage - they will just remove me from my current stat division, and place me in an administrative division, that's in conjunction with my title. And further, there's no work to be had in that division, therefore I will be "sent home."

As you can imagine my motivation in gone, and given my unique role as a jack-of-all-trades, finding other jobs where my skill set fits, has proven difficult, and I am more miserable than ever.

 

[Katy W.]

What is your question?

I have never seen a Union/Compant Bargaining Agreement without a no-retaliation clause. Your Union has to help you, literally.

The rest sounds like your own attitude.

 

[gotlawyer]

What is your question?

I have never seen a Union/Compant Bargaining Agreement without a no-retaliation clause. Your Union has to help you, literally.

The rest sounds like your own attitude.

I guess my question is do I have any rights? I mean it says in the contract that if I'm doing work above my title and salary, they have to promote me or assign me to a job that matches my title. They can't just ignore the contract clause and say "do stat/analyst work as an admin. person, or leave since we don't have any admin work" - can they?

I am hourly so they can get rid of me for anything, but what about the contract?

 

[Katy W.]

Listen Up!

YOUR UNION REP is the sole bargaining agent designated to handle this. We don't know what your contract says or the interpretation of it. YOU MUST CALL THE UNION.

If the Union is not helping you, you need to file a complaint with the National Labor Relations Board.

 

[freewheeler]

What is your Problem???

Did I do Something Wrong? Are you a lawyer? I am just a guy who has no money and is being assigned work more difficult than my title /salary grade, despite everyone else is gov't slob that does nothing all day. And when I put in a grievance - they threatened to lay me off because I am hourly, despite it states in my employment contract that I should be reassigned or promoted. That labor relations thing is nowhere.

 

[Katy W.]

No, I am not a lawyer. I am giving you the best advice anyone here can give you. I am not being rude. I am just telling you, you need to contact your Union rep. You have a union contract with your employer, and if the employer is breaking the contract only your union can help you. What do you mean by "That labor relations thing is nowhere?"