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Arbitrator Denies Employee’s Out-Of-Class Pay Grievance

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

Los Angeles Partner Adrianna Guzman and Associate Attorney Danny Ivanov convinced an arbitrator to deny an employee’s grievance.  In 1991, the employee-grievant began working at a public agency as an intermediate typist clerk.  In 2005, she was promoted to the senior clerk.  She alleged that upon her promotion she began performing duties associated with a higher-level classification, which entitled her to a monetary bonus for those additional and higher-level responsibilities.

In the grievance arbitration, the employee-grievant had the burden of proving that she was not only entitled to the bonus but that she was entitled to the bonus from 2005 to the present.  At the hearing, LCW and our client established that the true difference between employee-grievant’s position and the higher-level classification was computer coding of medical information.  The employee-grievant admitted that she had never performed coding work for the employer.  The employee-grievant also admitted that she was neither licensed nor certificated in software or computer coding.

The arbitrator denied the grievance, and our client prevailed.

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