Contract Enforcement Wins Back Pay and Experience Credit for Member Working Out of Class
When one of our members—working in Sacramento at the Emergency Medical Services Authority—completed a 120-day out-of-class assignment, her increased duties were not removed by the department, and the expectations remained.
Our contract offers strict guidelines to protect our represented employees from working above their current classification without an increase in pay.
The member reached out to our Member Resource Center and a grievance was filed. The member was appointed to the higher classification retroactive to the end of her 120-day assignment and received back pay along with experience credit that allows her to advance to Range B sooner than otherwise expected.
Our contract (Article 14.2, Working Out of Class) describes the process by which employees may protect their hard-earned rights when working out of class and not receiving pay commensurate with the higher classification.
KNOW YOUR RIGHTS: Working Out of Class – Article 14.2
- An employee is working “out of class” when the employee spends more than half of his/her/their time over the course of at least 2 consecutive work weeks performing duties and responsibilities associated with a higher-level classification.
- Employees may be temporarily required to perform out-of-class work by the department for up to 120 calendar days in any 12 consecutive calendar months if certain conditions are met.
- Employees required to perform out-of-class work are paid the same rate of pay as the higher classification.
To learn more about Article 14.2 Out-of-Classification Grievances and Position Allocation Hearing Process, you can read your contract online with our easy-to-use, mobile-friendly search tool at contract.seiu1000.org
If you feel your contract rights are being violated, you should first contact your Local 1000 job steward, or call the Member Resource Center (MRC) at 866.471.SEIU (7348) for guidance.