Public Employee Press

Steward wins his own out-of-title case

Four years of diligent work on an out-of-title grievance recently paid off for Herbert Foster, chief steward at the Crotona Food Stamp Center in the Bronx for Clerical-Administrative Employees Local 1549.

In 2005, management began giving the Clerical Associate II tasks that fit the job description of a Level III. Foster — more used to helping the site’s other 100 members write up their grievances — filed one on his own behalf.

Working with Clerical Division Council Rep Nathaniel Hurt, he pushed the issue up through the steps of the grievance procedure, where the Human Resources Administration remained negative. The union went to impartial arbitration, with DC 37 attorney Thomas Cooke handling the case, and on April 30 Foster was vindicated. The settlement ordered the agency to pay him the difference between the minimum pay for a CA III and his CA II salary — an award he estimates at about $10,000.

“I’m disappointed that I’ve been denied the opportunity to do the Level III work, which I demonstrated I was quite efficient at,” said Foster. “But otherwise I’m pleased with the outcome. Out-of-title work is a common problem here, and our win sends a message to union members and to management.”

“It’s a shame that agencies force people to work out-of-title,” said Hurt. “When they get caught, they stop for a while, but then they go back to it again.”

While Foster’s back pay was substantial, said Hurt, “The right thing would have been to upgrade him to the higher title.”

Members should pay attention to their job descriptions and check with stewards and union reps if they believe their
assignments are out-of-title, said Clerical Division Director Ronnie Harris. “This case shows that if we stick to it, we win,” he said.