Reporting a grievance and fear of retaliation

[Roggae]

Hello!

I'm writing with the hope of helpful insight and feedback in effectively and safely addressing violations of union contract by my current manager.

I'm a nurse with a few years experience who recently relocated to another state and was immediately offered an on-call position with a local hospital. I was reluctant to accept the position due to its on-call status, and explained to the unit manager I was seeking full-time employment. She assured me on three separate occasions prior to my acceptance that the unit had a very high need for nurses and I would have no problems receiving full-time hours, with the added perk of an attractive differential if I took the position. She also stated, on multiple occasions, that I would be eligible for consideration of official full-time employment as soon as a position came up. I took her word for it and started the position last July.

By October, and since, I have been called off one-to-two shifts out of three each week due to low census. I have mentioned to my manager multiple times that I'm really hurting for hours. She provides a sympathetic smile, shared that I am an asset to the hospital, but she usually finds a way to exit the room or change the subject. At one point, she stated she would make a strong attempt to find a full-time opportunity for me. In attempt to better my situation in the meantime, I have become an active member of unit-based counsels and have cross-trained to all other units with the hopes of receiving additional hours.

Recently, I learned we have had at least 10 external new hires, all new-grads relocated from other areas, with five of them provided with full-time positions. The manager notified me that I am expected to help train four of them.

When I asked my manager directly if she had hired any of the new hires full-time, she said no. When the schedule came out, it was apparent she lied, their 0.9 FTE hire-status was listed for all to see. I have asked for further clarification and she has not responded. Per our hospital's union contract she has violated approximately five separate articles. Essentially, she kept the positions hidden from internal applicants, particularly potential applicants on our unit, barring them the opportunity of being awarded the positions over external applicants. I have discussed this situation with other nurses, many of whom are upset, but nobody wants to talk with her directly, or file a grievance, because they are afraid she will retaliate. She has a reputation of vindictive tenancies by firing or demoting nurses who have spoken up against various offenses in the past.

I am within the introductory probationary period of employment for three more weeks. However, per union contract, I must file a grievance within two weeks of becoming aware of the violation.

I am paying full union dues. My union contract has verbiage stating I am free to file a grievance - however "discipline and continued employment of an introductory period nurse will be determined exclusively by the medical center and will not be subject to this article." I interpret the statement as alluding that I am welcome to file a grievance, but if I am fired in retaliation I am not protected by the union.

Furthermore, I must submit the grievance directly to the manager - who in this case is the offender - along to HR. The contract does not instruct me to file the grievance with the union itself. All attempts at consultation from my actual union rep have so far been unanswered. They too have a poor reputation of being available and timely in their response.

I am currently looking for other employment opportunities outside this particular hospital. At the same time, I care deeply for my patients and thoroughly enjoy my coworkers. If my manager were more of a leader and the union contract were actually upheld, I believe I would fully enjoy the opportunity for continued employment. I also believe my manager must be held accountable, and our union has a responsibility of being available to its members. I find it important I move forward with reporting the grievance for the greater good of the unit, even if it risks termination.

Can anybody offer insight? What happens if I file the grievance and I'm indeed fired?? Would I potentially have a case of retaliation and wrongful termination?

Thanks in advance.

[amoLucia]

"WOW! I can't answer any of your questions but all I can say is "WOW! What a space between the rock and hard place to be caught". And I think all you concerns re retaliation is most realistic.

Good luck to you.

[jadelpn, LPN, EMT-B]

I would at first find out if during your probationary period, you are actually covered by the contract. This is a grey area....usually, the way that your union dues are set up are based on pay periods. And there is a time that dues start coming out of your check, as to not make it a detriment to have 2 times as much taken out after your probation. Every facility is different with that, however.

Read the fine print carefully--2 weeks--14 calendar days? 14 business days? Your 14th day of work after the discovery? All within the realm of language.

During your probationary period, you could be let go for no reason at all. Hence why the union contract is of no particular use to you at present.

On call nursing is not something a whole lot of people want to do. It is by its nature a very unpredictable thing.

I would be sure of a couple of things. If the parameter of your employment is such that you are required to work "x" amount of shifts per month, and you are being called off from those shifts, that is a detriment to you. And "not holding up your end" as far as job requirements. This is big, and dirty pool, but can be used against you. Further, I find it interesting that you have to train new nurses when you are still within your probationary period.

Your manager seems like a real snake in the grass. At the end of your probation, I would again ask that you be considered for full time employment. If the answer is again "no" I would THEN file a grievance. Seemingly, you are not bound by a contract that is not applicable to you at present.

If you like the system you work for, see about internal job openings in other units, and start applying for a full time transfer. Do not badmouth, do not blame, do nothing but state that you were hopeful a full time opportunity would be available at the end of your probation. It was not, therefore, you are seeking opportunity for full time work.

Best wishes and keep us posted!

[Emergent, RN]

If I were you I would quietly go about seeking another Per Diem position, at the very least. You can then make a natural transition without making waves. You could even stay Per Diem where you are now ON YOUR TERMS!

Your current manager is a liar, and she doesn't like you. She is unethical, manipulative and inconsiderate.

Filing a union grievance would be an utter waste of time.

[Roggae]

Thank you to those who have taken the time to chime in. Very helpful feedback, perspective, and support.

The union rep surprised me by scheduling a phone conversation tomorrow morning, so I'm in the process of compiling a list of questions. I will first establish what level of support I currently have, if any at all, before hashing everything out. I will certainly clarify the time-limit stipulation, great call, thank you.

I agree, my manager is pulling some unethical, dirty moves. I'm not the only one she overlooked for these positions, there's a few other on-call nurses who indicated they would have liked the opportunity to apply, in addition to a couple full-time night nurses. I'm the only one who hasn't completed the probationary period. The rest of my colleagues have appeared to lose faith in her and the system, and a reoccurring theme I hear in response to this and other offenses - including aggressively grabbing a coworker by the arm and demanding she "sit down!" in front of other employees - is, "I can't report it because I can't lose my job." It's disappointing and discouraging. However, I feel something must be done to break the manager's pattern of proceeding above policy and union contract. The articles in the contract are in place to be utilized, right?

Is it really not worth the time to file a grievance, even if I wait for union protection? Even if I am disciplined and or terminated, would the grievance at least potentially bring some positive change for the unit going forward?

[Emergent, RN]

No, it's not worth it, from my perspective. But, if you are a crusader for truth, justice and the American way, go at it. Just know that you might end up blacklisted.

Maybe you are inclined toward union activism? It takes nerves of steel.

[TheCommuter, BSN, RN]

Is it really not worth the time to file a grievance, even if I wait for union protection?

It wouldn't be worth it to me...

Here's the deal...why in the world do you want to work under a manager whose actions indicate she obviously doesn't want you? If she valued you, she would have made you aware of one of the full-time positions that became available. However, the fact that she hired external people speaks louder than words.

When people give you hints, they're hoping you take them. Your manager does not want you around as a full-time member of the team. Continuing to force yourself upon someone who does not want your presence is asking for disaster. Why do you want to work under this manager again? I'm left scratching my head...

I live my professional life by the mantra "get in where you fit in."

[Horseshoe, BSN, RN]

I'm not sure that it's the case the manager doesn't like the OP. If she's hiring a bunch of new grads, that leads me to believe she doesn't like the OP's higher salary.

[morte, LPN, LVN]

I'm not sure that it's the case the manager doesn't like the OP. If she's hiring a bunch of new grads, that leads me to believe she doesn't like the OP's higher salary.

Preeecisely, Horsehoe....!

[kcksk]

There are a couple of different things going on here. First, were those positions posted anywhere? If they weren't posted internally they must've been posted on a company website in order for the new grads to apply. Keep you eye open for those positions and apply! If you qualify for the position it would have to go to an internal candidate before they hire someone from the outside (unless it was posted as new-grads only.) At least that is how it is in my hospital. Hourly employees would have preference over on-call though. During your probationary period you can usually be let go for any reason and the union can't help you. My advice would be to either look for another position or wait until there is another one posted in the unit and apply. At that point you would be out of your probationary period and the union could then fight on your behalf.

[Roggae]

Thank you for the continued feedback! :)

Last week I made it a point prior to asking my manager if she hired anybody full-time, to ask directly if my continued on-call status amidst being called off so frequently was any reflection whatsoever of my performance. I asked specifically if I was fulfilling her and the hospital's expectations, and if she thought I was doing a good job. She responded, in writing, that I was indeed doing a good job, and it would be in the unit's best interest to let me know way ahead of time of open full time positions. She had an opportunity to give me a direct feedback if she truly doesn't like me, think I'm fitting in, or doing well on the unit. I have additional positive feedback in writing regarding my worth and contribution to the floor. Which I wonder might help me in a wrongful-termination-based-on-retaliation situation.

With all that said, I'm not taking this situation entirely personally, since I don't feel particularly singled out. Nobody on the floor was given the opportunity to be aware of or apply for the positions. Per our union contract, she must make effort to communicate open positions to the unit via commonly used areas of communication, and internal applicants are to be awarded the position over external applicants. She failed to fulfill her end of the contact in multiple ways with this situation, therefor I feel it's a strong case to get the attention of people above her that she is neglecting integral and even legal components of her job. Lastly, she is filling a temporary position... It seems she should be called out prior to being offered the job permanently.

Other nurses have stated they believe this is a reflection of her hiring a specific group whom she can pay less, and because they are new and green, there's a less chance anyone will challenge her continued tyranny.

It's not necessarily that I really wish to continue working for this woman. I'm in the process of seeking other employment. All I truly want is for her to be held accountable and to move forward fulfilling her obligation to the union contract. There's some really great people who work on the unit, and the unit itself could be so much better solely if it weren't for her. It's difficult for me to watch somebody get away with things like this entirely unchallenged.

I'll respond shortly with an update regarding my conversation with the union rep. Based off the feedback here, however, I believe I've received good advice that I should consider waiting a few more weeks to open this can of worms.

[Roggae]

There are a couple of different things going on here. First, were those positions posted anywhere? If they weren't posted internally they must've been posted on a company website in order for the new grads to apply....My advice would be to either look for another position or wait until there is another one posted in the unit and apply. At that point you would be out of your probationary period and the union could then fight on your behalf.

The positions were definitely not posted anywhere for employees of the unit to see, nor did I notice them listed on our internal website.

Very good advice. Since I'm keeping an eye open more carefully for jobs either way, I'll see if next time I can beat her at her own game and apply if I see something posted on an external website.