We’re happy to report a huge win at arbitration for Durand Tessier, a 30-year member, a medical assistant on our hospital’s orthopedic unit. Durand is a full-time employee who works 12-hour shifts. As such, he is covered by the language of the “12 Hour Shift Agreement” (p. 111 of our contract) that pertains to full-time 12-hour employees.
In his three decades at UConn, he was compensated for holidays according to the terms of the agreement, which stipulates that holidays — “H days” — are paid based on regular hours scheduled to work.
Despite the contract language and decades of precedence Durand originally received an H day
for Columbus Day, which was later changed to an “X day,” and instead of getting paid 12 hours, he got eight hours of comp time. Durand notified our union leadership, and we filed a grievance.
Unfortunately, in both our Step 1 and Step 2 hearings, management and labor relations disagreed with the assertion that Durand was entitled to 12 hours of pay. At this point, the only recourse we had left was to escalate to arbitration.
Arbitration is a lengthy, unpredictable and costly process. We should point out here that this dispute essentially was over four hours of pay. If you were to put a value on the time our employer had spent to this point trying to prove us wrong, it would far outweigh four hours of a medical assistant’s wages. However, management made no effort to discuss a settlement that would have avoided arbitration (and the associated additional expenses, such as filing fees, the cost of the arbitrator and the hearing itself, and of course more hours of labor).
“The atmosphere [management] presented was a bit disturbing and rather disappointing,” Durand says.
As often is the case for arbitration, it is the principle of the matter at stake. Contract language must be honored; violations against it start a slippery slope if they go unchecked.
We are proud to report that our arbitration yielded positive results; the arbitration was a full day of providing evidence and testimony to the fact that Durand is entitled to 12 hours of pay. In the end the arbitrator sided with UHP and Durand was granted his four hours of compensatory time. Big win!
“If there be any doubt or misleading information regarding our need to remain UNION STRONG, let me say clearly that every benefit we hold dear would be tested or even threatened if we did not have our union to back us up, to go the distance, not giving up or settling just because the other side presses,” Durand says.
What we don’t know yet is how much influence this will have on future disputes. But it certainly can’t weaken our position on this argument and others like it, and most importantly, it sends a powerful message that we can and will fight to defend the principles in our contract.
—In solidarity,
Randi Schiavi and Chris DeFrancesco
Stewards
UHP Grievance 24-0025/24-21-CD/R