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Yes, it is likely that you will be retaliated against for filing a grievance, and you'd have no recourse because during your probation period, the employer can get rid of you for "any reason" as long as that reason is not discriminatory.
There is probably some legal reason the contract does not explicitly state "this doesn't apply to probationary employees", so it is implied through other language. Likewise, the union is probably jerking you around because legally, they cannot refuse to represent you, even if you don't have many protections as a probationary employee.
It is, however, a myth that probationary employees don't have ANY rights, and the fact you did not receive an evaluation during your probationary period, and this is outlined in the contract, helps you. This is a technicality that you may be able to use in your favor, should you come against a tangible employment action. Definitely speak to a lawyer about this.
Also, not trying to come down on you because I don't know your situation, but in the future...try not to make any waves until you pass your probation. You do not want to give an employer a reason to terminate you when it is easy for them to do so.
I knew months ago my supervisor wouldn't let me complete probation. The fact is management changed between the time I was hired and when I started work, and the new management didn't have any use for my position so I was doomed from the start. I have at times believed the new management were trying to make me quit because of the horrible treatment I've received. One of the legal aspects I looked into was constructive discharge, but I'm too stubborn to quit. Going in my favor, and this might be a legal avenue also, is that someone else who has known me and and my work for a long time wanted me moved to their program and my supervisor's manager knew this, stated it was a good idea in writing, and yet he allowed me to be terminated anyway before the transfer could be initiated. All I want is from them is to allow that transfer to take place. One lawyer said there is a law about interfering with other work opportunities but that it was a hard one to prove.
I have at times believed the new management were trying to make me quit because of the horrible treatment I've received.
Yes, it is always easier for them if you quit. Good for you for sticking it out. I don't believe in making anything easy for unethical managers, but sometimes there comes a point when it just isn't worth it.
I hope you keep us posted and again...wishing you the best.
This week I've had feedback from 2 state agencies and offices I filed my complaint with saying they want me to notify them if I don't get this resolved through HR, and one of them even asked if they could forward my complaint to a third state agency so they could look into it. I don't want to get my hopes up, but I'm starting to feel a bit of confidence going into this meeting that if they don't resolve it nicely with me it may be resolved for them by someone else.
One of my complaints is that they would not do anything when I was not given a performance evaluation during my probation. They told me they couldn't file grievance for someone on probation, but I later found out that is not true. And the contract specifically states that an eval should be done.
Another time I needed a rep at a meeting and the contract clearly states I could have a rep. But I had to drag out of them whether the rep would actually do or say anything on my behalf. When I asked they said they kept saying they couldn't do much. Finally, after going back and forth they agreed they would actually represent me at the meeting instead of just take up chair space. So it was a major effort just to get them to say that their representative would actively represent me.
Interesting, Our shop you are on probation for 3 months, and NOT in the union until then, meaning your on your own. Obviously your contract is different.
We only represent you when your actually being written up, or feel they are investigating you to be written up.
You can stop talking at any time, just like with a cop, asking for a lawyer ...
if your shop isn't representing you, you have to go to the Local next ....
they absolutly need to represent you any time you ask !!!
Interesting, Our shop you are on probation for 3 months, and NOT in the union until then, meaning your on your own. Obviously your contract is different.
We only represent you when your actually being written up, or feel they are investigating you to be written up.
You can stop talking at any time, just like with a cop, asking for a lawyer ...
if your shop isn't representing you, you have to go to the Local next ....
they absolutly need to represent you any time you ask !!!
Well they didn't do a very good job IMO, but they probably should have explained their reasoning better. Rather than saying "we can't grieve because you're on probation" they should have said "we strongly advise you against grieving until you've completed probation" because they may fire you for it.
I've heard the term "shop" but don't know what it is. I've always been in touch with the local, except when they weren't available and I contacted other locals for advice. The other locals were more helpful than my own.
I hope you keep us posted and again...wishing you the best.
Had my meeting with head of HR. I brought one of the good union stewards with me. HR
said they would look into my request, talk to the appropriate people, and get back to me soon. After waiting weeks for them to answer and receiving none, I finally called them back and I was denied my request to be reinstated and transfer. The reason given was false (lack of funds) ...I convincingly pointed out that it was false and they changed the reason to another reason that I also know is false. In those weeks they never even contacted the supervisor who wanted me transferred to his program and who they said they would contact, and they never even contacted my lead worker to get first hand info on my performance. It was all a big fat waste of time. The message is clear-management and HR can do whatever they want as long as it isn't illegal.
State policies and the union contract were violated, but no lawyer will touch it.
There is still my complaint, but who investigates that? People who work for the person who has already declined to reinstate me! Its the fox "investigating" murder in the chicken coop. As I think I mentioned above there is another state agency that administers HR practices/policies in my agency. I intend to press them to make sure a real investigation is done but I have very little hope that it will. In my meeting the head of HR said things that make it clear this agency is dishonest and unaccountable from the top down to lowest level of management.
I'm not in a right to work state and from what i can tell the union is pretty weak here too.
Quote:
Originally Posted by jeffdoorgunner
Of course. your in a right to work state. unions are unions in name only. No power.
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