Out-of-Class grievance win earns member back pay and more
There are many examples when, as state workers, we are asked to perform duties that are out of the scope of our job classifications. It’s called “working out of class” and our
contract offers strict guidelines to protect our represented employees from working above their current classification without an increase in pay.
When those rights are violated, Local 1000 stands up. Here are some examples:
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.
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, received back pay along with experience credit that allows the member to advance to Range B sooner than otherwise expected.
When one of our members working at California Office of Traffic Safety was recognized as working out of class for more than a year, the department only agreed to pay 120 days of back wages. Our team at the Union Resource Center filed for the remainder and further argued that our member should be promoted in place. This member had started a T&D assignment for the out-of-class position in March of this year. In this win, the member received full back pay, and was promoted into the new position.
KNOW YOUR RIGHTS: Article 14.2 Working Out of Class
- 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.
Our Contract (Article 14.2) 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.
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 at 866.471.SEIU (7348) for guidance.