LEARN
MORE

Arbitrator Denies An Employee’s Grievance That He Performed Director Duties

CATEGORY: Client Update for Public Agencies
CLIENT TYPE: Public Employers
DATE: Aug 04, 2022

Los Angeles Partner Adrianna Guzman convinced an arbitrator to deny an employee’s grievance.  In 2017, an employee began working as a Senior Dentist. He reported to the Dental Director, a higher-level position.  In 2019, the Dental Director retired, and the employee-grievant claimed that from that time on, he performed the duties of both a Dental Director and a Senior Dentist.

LCW and our client established that the employee-grievant was not entitled to relief under either theory.  As an initial matter, the employee-grievant was not entitled to an out-of-class bonus because the agency had eliminated the Dental Director position after the Dental Director retired in 2019.  As a result, the employee-grievant could not prove that he was performing the duties of a funded, but vacant position since the position no longer existed. In regards to the second theory, LCW and our client proved that the additional duties that the employee-grievant claimed were simply duties that were already required of a Senior Dentist, or reasonably related to or encompassed by the Senior Dentist’s duties.

The arbitrator denied the grievance in its entirety, and our client prevailed.

View More News

Client Update for Public Agencies
County Defeats Whistleblower Claim That Employee Was Working Below Her Classification
READ MORE
Client Update for Public Agencies
Legislative Support Staff Can Attend A Closed Session Only In Limited Circumstances
READ MORE