Robert B. Sklaroff, M.D.

PMSA

January 29, 2001

Your union is there to protect the well being of its members. However, without the support and enforcement of the Agreements by its members, which memorialize your wages, hours and terms and conditions of employment, the union cannot always effectively find a solution.

In effect, it is the member who must understand the Agreement’s terms and conditions and bring to the attention of the union those issues which violate the terms and intent of the negotiated Agreement. When you, as a member believe your rights have been violated it is incumbent upon you to immediately notify your local representative and/or notify the PMSA/PEU office.

In some cases a complaint does not necessarily mean a grievance. By this I mean that personal issues or complaints are not always a term and condition of employment. However, when a specific term of the Agreement is believed to have been violated by the employer, a discussion with the employer should immediately take place and if not resolved in this way, a grievance should be filed.

Some examples of issues that are probable violations of the Agreement include: working above your classification and not being compensated at the higher rate or not receiving additional compensation for assuming greater responsibilities; a non-exempt FLSA employee working overtime and not receiving time and one-half; a non-exempt FLSA employee working overtime and the employer demands compensatory time in lieu of overtime pay; discipline without "just cause"; not receiving your 15 minute breaks or working through your lunch hour without pay; being ordered to perform duties outside of your classification without appropriate personnel action; or the employer fails to post a vacancy or promotional vacancy. These are but a few examples which should be challenged in order for your organization to enforce the Agreement.

You can rest assured that your organization will investigate and if appropriate, pursue a course of action which will protect the integrity of your Agreement. While there will be circumstances whereby the investigation will not show cause for a grievance or arbitration, those that do show cause will be met with appropriate action. Keep in mind that non-members will not be represented by your organization. Some have failed to keep this in mind and have expended thousands of dollars in legal fees in order to protect their interests. If you believe your rights have been violated in accordance with the terms and conditions of the Agreement call the office immediately.

1. An arbitration hearing was recently held whereby the Union contended that the City violated the terms of the Agreement by not posting a vacancy/ promotional vacancy, circumventing the posting requirements as outlined in the Agreement. In this case, the City argued it was simply retitling a Secretary Position and an Administrative Secretary Position to one entitled Recording Secretary in the City Clerk’s Office. The Union advised the City that it would agree to a lateral move of the Administrative Secretary to the Recording Secretary position, in that it did not result in any additional compensation. However, in regard to the Secretary, the Union argued that this resulted in a promotion and must be posted in order that other qualified employees could apply for the vacancy.

 

The arbitrator ruled in the Union’s favor. Further, although not grieved, the arbitrator stated that the retitling of both positions created two vacancies and both should have been advertised. The City must now readvertise the Recording Secretary position and additionally post notices in conspicuous areas that in the future it will post such vacancies/promotional vacancies. This victory is indicative of contract enforcement and protects the integrity of your Agreement.

 

2. In the course of negotiations the parties agreed that lifeguards would receive an adjustment in addition to the annual increase. This agreement was reached in order for the City to recruit and retain lifeguards. The City also proposed and the Union accepted that lifeguards would be required to become certified in the use of defibrillators. However, at no time was this requirement contingent upon the acceptance of the wage adjustment. The City argues that the lifeguards are not entitled to the contractual requirements of an additional 5% for becoming certified. However, the City did increase, by 5% the PMSA lifeguards. The Union has grieved the non-payment of the 5% to the PEU lifeguards. This issue is going to arbitration and the parties are currently in the process of selecting an arbitrator.

 

3. An issue has arisen whereby certain PMSA exempt FLSA employees have been receiving overtime at a rate of time and one-half where other exempt employees are not. The Union has notified the City of this and has demanded bargaining regarding this unilateral action. It is the Union’s position that you cannot mix apples and oranges. An employee is either exempt from FLSA or the employee is not. If exempt employees are to be entitled to overtime, then all exempt employees should be entitled to overtime. The result of this action in theory would be that the City had no PMSA exempt employees. You will be kept apprised of this issue.

 

4. The PMSA has been asked to investigate the assignment of a City vehicle to an employee inconsistent with City policy and past practices. The PMSA is currently investigating this issue and will apprise you of the outcome.

 

5. The PEU has filed a grievance in support of an employee who was suspended for one day. The discipline is for allegedly violating an order of a supervisor. In this case the employee was ordered to perform a duty which the supervisor issuing the order knew was in direct violation of an order from his supervisor. The employee disciplined was following an order issued in the field by his supervisor. To be insubordinate to his immediate supervisor would have been grounds for discipline. The aggrieved employee was damned if he did and damned if he did not. It is the position of the Union that there is no "just cause" for this discipline.

 

6. In a case where an employee was terminated for allegedly making derogatory racial remarks, the Union has determined that the facts will not support reinstatement. The Union’s attorneys have reviewed all of the relative documents in support of the termination and have advised the issue not be taken to arbitration.

To contact me--Robert B. Sklaroff, M.D.--just send an e-mail (rsklaroff@comcast.net).