Out-of-Class grievance wins earn represented employees back pay and more


Working “out of class,” where our represented employees are called upon to do work that is beyond their job duties, is a violation of our hard-earned contract rights. When we enforce our contract, we’re standing up for state workers and often, collect significant back pay. Here are just two examples of how SEIU Local 1000 works to ensure fair compensation for the work we do.

After one of our Unit 11 members received a six month, out-of-class assignment, the State failed to pay the final two months of the agreed-upon income differential. After filing a grievance with the help of the Local 1000 Union Resource Center, our member recovered more than $6,000 in lost wages, along with experience credits.

An IT worker at the Department of Industrial Relations won a year’s worth of pay differential—thousands of dollars—after winning an out-of-class grievance. This worker was his own best advocate, having kept good records of duties performed and completing a desk audit that proved his claim.

KNOW YOUR RIGHTS: Article 14.2 Working Out of Class

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.

  1. An employee is working “out of class” when the employee spends a 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.
  2. 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.
  3. 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.