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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1241
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

I work for BART, a public agency. I am represented by SEIU Local 1021. We just converted to a new accounting/procurement/inventory system. In the Accounting Department the Assistant Treasurer is fighting to upgrade his people because they are using this new system called BAP. All but one employee pays bills, expense reports, etc. This Senior Clerk IV (below me in seniority and classification) was included in a class action suit (the union is calling it this) where about a total of four employees are involved. All personnel were using this new system but the clerk mentioned above. The grievance is based on them working out of their classification, even though the one clerk only stamps invoices and various misc activities and has never used the BAP system. They are all being promoted to a Staff II which is above my classification. They're basing their judgement on using this new system. The union is telling us other members cannot file a grievance based on the fact that the grievance is a class action suit and the judgement, a higher position and a years' back pay, is part of the settlement based on the class action suit. Their old jobs (Senior Clerk classification) are being eliminated and they will automatically go into the new classification (Staff II). I feel they need to post the one position where BAP was not used and a higher seniority union person should have the chance to take the job. What can I do? I took training to process Purchase Reqs but they're letting management/consultants take on this duty.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 4 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.
Yes, I'm still waiting for an answer.
Expert:  Fran-mod replied 4 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly

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