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Zachary
Zachary, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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At my job site they have stop hiring clerks which is part of

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At my job site they have stop hiring clerks which is part of the organization structure. Now they want us to double the work and receive the same pay which is unfair since they are still hiring higher pay position the structure as a team is department manager, manager, lead, clerk, 15 phones employees. At this site we have 5 departments with eight teams. I feel i should be paid for the exact work since some manager are without a clerk. When a Department Manager, Manager, or Lead is out for two weeks or more they pay the next lower paygade to temoparilypay for that position the Phone Employee-LEAD-Manager-Department Manager. Truely I think this is abuse of management and can you direct me to the law which it fall under.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Are you saying there is a union agreement that defines the job duties of the clerk position and that management has changed this in violation of the union agreement?

-ZDN
Customer: replied 1 year ago.

This is the union agreement for clerks.


My only request is that management follow the union negotiated agreement which stated under Under 5 USC7106 (a)

 


Note :de minimis is generally used to describe something that is too small or insignificant to be considered, something unimportant.


Under 5 USC7106 (a) the department managers retain the right to assign different workloads, but only if it is less than a de minimis change to working conditions .Such as for contingencies, as in the case of when a group is without a clerk due to an absence, because of sickness or maternity leave ETC., and should be a temporary thing. In my case this is a permanent change of my workload which is being going on in my department for more than three years. Under 5USC7106 (a), this change resulted in more than a de minimis change, which is grounds to file a change of working condition grievance. I am being force to work for two managers, which impacted the quality of my work performance due to excessive work load volume in a given work day.




My contention is that management is changing my working condition by assigning me two teams permanently ,and that is against the union negotiated agreement ,now I do not have any more complain that is my complaint and if I have to go to EEOC and filed a complaint then that is what I will have to do. This is my case . Now I have make my case it is up to the union to have management comply or advised me how to file my EEOC CLAIMS.


Expert:  Zachary replied 1 year ago.
Thank you for your response.

The EEOC does not govern these areas. Rather, the NATIONAL LABOR RELATIONS BOARD covers unfair labor practices.

You will need to contact the local NLRB office (which you can locate at: http://www.nlrb.gov/who-we-are/regional-offices) for help in filing a charge against your employer.

Further, you may file a suit against your employer for breach of the union contract. You may do this in state court. Essentially , it would be a breach of contract claim, and you would be claiming as damages the extra payment needed to compensate you and other clerks in your position for the extra work being forced on you.

Because the nature of you claim is the enforcement of a union contract, it would be best to make an appointment with a local employment law attorney (or several) and inquire if they would be willing to take your case on contingency (no charge to you).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN


Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3825
Experience: Contracts, Wrongful termination and discrimination
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