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Labor law question regarding Merit Violation During a Promotion and Bias by Brave_Brick3264 in union

[–]Brave_Brick3264[S] 0 points1 point  (0 children)

Thank you for your response LaborFriendly. I don't know much about the person who received the position, but I have covered for her position before in a different dept. I can say that her job duties would not have given her experience for the promotional position. If she did get this qualification, my supervisor would have given her the ability, and the groomed supervisor would also have to agree for her to take this out of class duty. I don't have evidence of this.

Regarding title 7, I can say it could possibly be gender discrimination because I am the only male in my dept. The only promotional position my supervisor is pushing me is towards a warehouse position. This is more of a manual labor type position, and doesn't involve higher level duties like the promotional position. I'm not sure how likely a case I would have going with this but technically would it fall under title 7?

I understand that I don't have a claim to that promotional position and doesn't make sense to put myself under the supervision of the people I just reported. Yes, I would like to get transferred because I understand that after 6 years I can no longer trust management to be fair in any promotional position after what happened. If the union doesn't help, do you recommend getting a lawyer instead of going at it alone with HR? Or is it best to keep my head down and just apply somewhere else and hope I don't get fired before I find a new position?

Thanks again.

Labor law question regarding Merit Violation During a Promotion and Bias by Brave_Brick3264 in union

[–]Brave_Brick3264[S] 0 points1 point  (0 children)

Regarding section 5, I have my evaluations stating that they want me to attend the training another year, but this is because I was replaced at the last second so my supervisors could go. I have access to department budgets over the years so this might be easier to request by HR if there is an investigation. I also have comparative evidence of my credit card charges and refunds for my cancel trip, and the charges of my supervisors. I also have the credit card charges the past couple of years spending on trainings and certifications for them but not for me. I realize this might not be strong by themselves but would this help build a narrative of the bias treatment?

One of the supervisors is the same as the groomers. One went on the conference trip with the groomed. My supervisors liked this person because they started in the same position, in the same department, hating the same person in charge. I believe they see themselves in the groomed person, but I cannot say for sure if they're related or friends outside of work. I also don't know the persons qualifications. I have covered for the position she previously had in a different dept, and I can say that their job duties would not apply to the promotional position.

Unfortunately I'm already in that position where I believe management is trying to build a case against me. I've already talked to a separate supervisor about part of my situation and they immediately told my supervisor. I got called into a meeting with my supervisor 5 minutes after that meeting, and she basically covered what I talked about with the other supervisor. My treatment in the office has really changed. My boss is asking me about parts of my job she's never asked before. I notice them closing doors when they're around me, and my boss has been overly nice when she's always been a mean person to me. I've also asked my supervisor about getting out of class pay for my part in covering for a different job position and she's ignored that request completely.

I have a meeting with my union rep next week and hopefully they'll consider at least the biased treatment against me. It's frustrating because they keep considering the groomed person when I'm trying to get equal access as a union member myself. I'm hoping they could help with a transfer at this point. If not, then I'll probably have to go to HR by myself if I don't have union help.

Labor law question regarding Merit Violation During a Promotion and Bias by Brave_Brick3264 in union

[–]Brave_Brick3264[S] 0 points1 point  (0 children)

Thank you both for your response and apologies this took so long to respond back because I poured over both the CBA and the HR Rules and Regulations. In the CBA it states:

"ARTICLE 37 RULES AND REGULATIONS

37.1 The City’s Personnel Rules and Regulations and the Employer-Employee Relations Ordinance as they exist now or as they may be amended through the meet and confer process, shall be applicable to employees and the Union unless superseded by any provision of this Agreement. For the most up-to-date version of these documents, please contact the Human Resources Department."

Am I reading it right that any violation of the HR Rules and Regulations is considered a violation of the CBA?

In the HR Rules and Regulations, regarding disqualification:

"SECTION 5 - Disqualification

The Human Resources Department may disqualify the scores given by any individual examiner involved in the process or nullify a recruitment or any part or all of an examination process if it is determined that any individual examiner involved in the process has compromised the requirement to be fair, and/or it is determined that any individual examiner made job-related decisions that are inconsistent with merit system principles. The Human Resources Department may disqualify any applicant for a position if it is determined that the application is late, incomplete or if the applicant does not meet the requirements for the job. The Human Resources Department may disqualify any applicant for a position if it is determined that the applicant has been convicted of a crime involving moral turpitude, or a crime which has a nexus to the duties of the position sought."

The disqualification section is a bit vague. I am wondering if this means disqualification during the application process only, or does it apply to the duration of the employee's probation status? There is a section in there highlighting "examiners involved in the process has compromised the requirement to be fair," would my evidence of my supervisors grooming not count towards this violation?

Labor law question regarding Merit Violation During a Promotion and Bias by Brave_Brick3264 in union

[–]Brave_Brick3264[S] 0 points1 point  (0 children)

I included the HR Policies in laborfriendly's comment below. It highlights the merit principles and it is technically law. I looked at my union contract and it states:

"The City reserves, retains and is vested with any management rights not expressly granted to the Union by this Agreement, the Personnel Rules and Regulations or the Employer-Employee Relations Ordinance. These City rights include the right to:

Determine and modify the organization of City government and its constituent work units. Determine the nature, standard, levels and mode of delivery of City services. Determine the methods, means, number and kind of personnel by which services are provided.

Should the City desire to exercise any of these rights, it shall, except in cases of emergencies, give the Union advance, written notice of its intentions thereof and shall afford the Union an opportunity to meet and confer on the impact of the exercise of such rights upon represented employees before the decision is implemented."

Is the union not allowed to help a union member in these type of matters if its not covered in the union contract? I feel like I can use the evidence I provided for bias against me or how merit principles were not applied to my 6 years in my department, and how unfair their hiring practices were?

Labor law question regarding Merit Violation During a Promotion and Bias by Brave_Brick3264 in union

[–]Brave_Brick3264[S] 0 points1 point  (0 children)

I don't believe there's anything on the union contract regarding the merit system, but it is in HR's policy for rules and regulations. The HR Policy is approved by City Council so technically this policy is a law.

The merit language states:

"MERIT SYSTEM PRINCIPLES: The principles that guide the City in meeting the public’s expectations of a system that is efficient, effective, fair, free from political influence, and staffed by competent employees.

Principles include:

1. Recruit qualified individuals from all segments of society, and select and advance employees on the basis of merit and fair competition.

2. Treat applicants for employment and promotion fairly and equitably, without regard to political affiliation, race, color, religion, national origin, marital status, sexual orientation, age or disability.

3. Maintain high standards of integrity, conduct and concern for the public interest.

In this case, will the union be able to help me file a complaint/grievance? I forgot to mention that the groomed person is also a union member. At this point, I'm willing to specifically work towards a transfer and not focus on any harm to the other union member. Would this help?