Hi Paul, A human resources representative, the acting head…
Hi Paul, A human resources representative...
Hi Paul,Submitted: 8 years ago.Category: Employment Law
A human resources representative, the acting head of human resources, told me on the day that I was hired that
the salary for my position paid more than my previous position, but she had to check with the other human resources department about whether she could give me the high step because she wasn't sure whether a transfer could be given an increase. (She volunteered that the position paid more.) She called me back later to say that she had been told that according to the union contract, transfers cannot receive increases. This didn't seem right to me so I checked with my union president, who said the acting head of HR for this department was correct.
However, I found out much later, after meeting with the main HR department that part-timers who transfer into full-time positions can receive increases; it's up to the discretion of the department to decide the step at which to pay the employee. The only stipulation is that the salary must be within the range of the job classification.
The issue is that the acting head of human resources of this department gave me incorrect information. As a human resources rep, I counted on her to give me correct information. She either didn't know and gave me incorrect information or she deliberately gave me incorrect information. Unfortunately, the union president also gave me incorrect information.
When I found out that I could have received an increase and asked her why I hadn't, she told me and the new union board that I didn't receive the promised increase because she was not allowed to give it to me. When I protested, she told the union rep that I didn't receive the increase because I hadn't taken a full test. When I went to the head HR office, they told me that I could have received the increase if the department had want to give me the increase. As you may have guessed, the final answer given was that the acting head of HR of that department of HR did not want to give me the increase.
If she had told me that she didn't want to give me the increase, I would have told the head of my department that the acting head of HR had told me I would receive an increase, but had then told me she didn't want to give me the increase. By deliberately or, at the time, out of ignorance giving me incorrect information the acting head of HR of that department prevented me from negotiating for a higher salary. As a human resources rep, isn't that for lack of a better word "illegal" to give me wrong information? What can I do? I'm meeting with the new union board to go over options.
The other major issue is that when I worked as a temporary worker in human resources, I was told by one of the department managers that she wanted to hire me on a full-time basis. I met the job qualifications for the position. However, according to union guidelines the job had to be posted first and I had to pass the tests. I test well so going on the assumption I would get the job, I actually placed offers on condos. Fortunately, the offers were not accepted because when the job was posted, the job description had been changed. I no longer qualified because my experience was from too many years in the past. The problem is that the old union board and the acting head of HR called to offer me a position before I found out that I would not even have a chance of applying for the position in HR because of the job description change; I turned that job offer down. At the time, I immediately told the HR department manager who had told me she wanted to hire me. She thanked me for telling her, but did not tell me that I should call my union president back to accept the job because both she and I thought I would be working in HR.
I found out when I met with HR, the head office, much much later that the head HR would not call me for a position other than the one I held before I was let go. This violates the contract. (Plus, the old union and the other HR department would call union members on the rehire list for other open positions.) The new union seems to be dominated by HR because they're green. However, the new union is going to hear me out.
LAYOFF AND RE-EMPLOYMENT
A. Layoff shall be defined, for the purpose of this Article, as a termination of a
permanent full-time or permanent part-time employee resulting from the
elimination of the employee’s position by the Town or being displaced by an
employee whose position was eliminated. The Town shall notify the
Association of any intended layoffs as soon as possible prior to notification to any
affected employees. An employee subject to layoff, shall receive written notice of
such layoff no less than thirty (30) days prior to the effective date of such layoff.
A copy of such notice shall be sent to the Association. For the purposes of this
Article, a permanent part time employee shall be deemed subject to a layoff if
such employee’s regularly scheduled hours are reduced to an extent causing the
employee to become an unrepresented part-time employee and therefore no
longer covered by the terms of the collective bargaining agreement.
In the event the Town eliminates a full time position, full time temporary
followed by full time probationary employees in the affected title in that
department shall be laid off prior to any permanent full time employee occupying
such title in that department. In the event it becomes necessary to lay off a
permanent full time employee, such layoff shall be affected in reverse order of
Town-wide seniority of the permanent full time employees in the affected title in
that department. A permanent full time twelve month employee who is laid off
may elect to displace in Town government, either the least senior full time twelve
month employee in that title, the least senior ten month employee in that title, the
least senior part time twelve month employee in that title, or the least senior part
time ten month employee in that title. A permanent full time ten month
employee who is laid off may elect to displace in Town government either the
least senior ten month employee in that title or the least senior employee
occupying a part time ten month position in that title. TOG/GMEA 2009 – 2010 29
In the event the Town eliminates a part time position, where the incumbent is
permanent part time covered by the Collective Bargaining Agreement, any part
time employee not covered by the Collective Bargaining Agreement, followed by
any part time probationary employee in the affected title in that department, shall
be laid off prior to any permanent part time employee occupying such title in that
department. In the event it becomes necessary to lay off a permanent part time
employee, such layoff shall be affected in reverse order of Town-wide seniority of
the permanent part time employees in the affected title in that department. A
permanent part time employee who is laid off may elect to displace the least
senior part time employee in that title in the Town government.
B. A permanent twelve-month full time employee who is laid off or accepts a tenmonth or part time position shall be placed on a re-employment list for the
twelve-month full time title from which they were laid off. A permanent tenmonth full time or part time employee who is laid off or accepts a part time
position or a position not covered by the Collective Bargaining Agreement shall
be placed on a re-employment list for the ten-month full time or part time title
from which they were laid off. A copy of a current re-employment list or similar
notice sent to an employee shall be sent to the Association. The appropriate reemployment list shall remain in effect for a twenty-four (24) month period from
the date of the layoff or reduction in hours and shall be used to fill vacancies in
such title or in a comparable position prior to hiring from an employment register.
Offers of re-employment shall be made in writing by the Town on a seniority
basis among the individuals on the re-employment list. An individual who
declines an appointment or fails to respond to an offer of re-employment within
seven (7) days of the receipt of such offer shall be removed from the reemployment list.
An employee, who has been notified of a layoff, may test for positions for which
the Town deems him/her to be qualified, notwithstanding the close of the
application filing period but prior to the establishment of an employment register.
It shall be the employee's responsibility to become aware of examination
announcements and submit a complete and timely application for such position(s).
An employee on a re-employment list shall be considered for any temporary work
that may be available within his or her former department for which he or she is
qualified to perform prior to hiring a temporary employee.
C. For the purpose of this provision, a position is "comparable" to the one the
employee held prior to layoff provided:
1. If the employee was full time, the proposed position is full time and at no
reduction in salary.
2. If the employee was in a twelve-month position, the proposed position is a
twelve-month position; and if the employee was in a ten-month position,
the proposed position is a ten-month position. TOG/GMEA 2009 – 2010 30
3. If the employee was part time, the proposed position is at no reduction in
the hourly rate of pay and is at the same benefit level under Article 3,
D. For purposes of this Article, seniority shall be defined as follows:
For regular full time employees:
(i) All Town service as a regular full time employee including any prior
service as a regular full time employee providing there was no break in service
with the Town, and
(ii) Any prior Town Service as a regular full time employee where the
break in Town service is less than the employee’s total Town service as a regular
full time employee.
For regular part time employees:
(i) All Town service as a regular part time employee including any prior
service as a regular part time employee providing there was no break in service
with the Town, and
(ii) All prior Town Service as a regular part time employee where the
break in Town service is less than the employee’s total Town service as a regular
part time employee.
Periods of unpaid leave in excess of seven (7) calendar days shall be excluded in
calculating an employee’s seniority.
E. The Town agrees that it will not abolish occupied full-time or part-time GMEA
positions due to budgetary reasons for the remainder of FY 2009 and FY 2010.
The Town agrees that if it exercises its managerial right to eliminate positions due
to reorganization, elimination of services or other business or operational reasons
it will do so, only through attrition, without resorting to layoffs of full-time or
part-time positions during the remainder of FY 2009 and FY 2010.
According to the contract, I can be placed in a full-time position. The Town HR is interpreting the contract one way, the acting Head of HR, another way, the old union, who crafted the contract, agreed with the acting Head of HR. I'm confused and upset.
The HR department head of wanted to hire me told me after it was too late that she couldn't guarantee me a job. This was not good because I found out later when I asked the main HR why I hadn't been called for any jobs that the main HR would not call me for any jobs unless a job opened in my old job classification. (A good thing, not clearly in the contract to me, is that I can apply for a union position as a preferential hire as long as I am on the rehire list. I was not given this information when I was first let go. Information I have been given by the old union board, the new union board, the acting head of HR, and main HR is contradictory.
Finally, it's a bit dicey, but a coworker informed me that when I worked full-time that my predecessor had retired early because she found out that an employee in a lower level classification had earned more than she had. A manager indiscreetly told me that the head of HR was aware of this and was furious. However, I do not know for sure if this employee was paid more or not. However, it is against the union contract for an employee to be paid permanently out of class. (I thought that if this was true, it would bolster my case for the higher rate of pay. However, I could have negotiated for the highest rate that with 20 years of experience outside the union,I should have received commensurate pay. I couldn't because I was told that transfers can't get raises.)
Well, that's enough to confuse you. I'm confused.
All my "problems" stem from incorrect information given to me from human resources. It doesn't seem right to me that human resources is responding to these issues. Human resources is going to stick up for its employees whether they are right or wrong.
Any help would be greatly appreciated.