Attorney Ryan and 1199 United Healthcare Workers East Win Acting Out of Grade Pay for Hospital Technician

January 30, 2019

It is fairly standard for collective bargaining agreements to provide additional compensation when an employee is filling in, either temporarily or indefinitely, for a supervisor. The additional responsibilities merit additional compensation. Attorney Jillian Ryan helped 1199 United Healthcare Workers East persuaded a neutral arbitrator that a tech employee in the bargaining unit was entitled to additional pay under the collective bargaining agreement when she filled in for the supervisor.

The Arbitrator agreed, and rejected the Hospital's arguments that it could avoid this pay by creating a sham new position that was effectively the same as a supervisor. He ordered the Hospital to make the employee whole for lost wages up to 21 days before the grievance was filed.