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.

[caliotter3]

It does not look as if you are in a position to speak up at this time because of your probationary status. From the information you posted, I would make the decision to look out for myself by seeking employment at another facility. It is obvious that you are not respected or needed here. How much of your energy do you want to spend dealing with this, union or not, when all you might be accomplishing is making more of a black mark against your name in the nursing community? Read the handwriting on the wall and in between the lines of your manager's adept brush-offs, and find another job.

[HouTx, BSN, MSN, EdD]

Just a thought. Sometimes the hiring process can take some time. It's possible that these new people were actually hired a while ago with delayed start dates. Just something to consider.

Otherwise, I agree that OP needs to take action to advocate for herself. It's a moral imperative.

[imintrouble, 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.

I thought it might be because it's easier to find a full time employee than an all call position.

If the manager promotes all the on call nurses to full time, who will take their place? Either way the situation stinks.

I wouldn't file a complaint unless I were willing to lose my job.

[Roggae]

I thought it might be because it's easier to find a full time employee than an all call position.

Also an interesting point - however out of 10 external new-grad hires, five accepted full-time employment, and five accepted on-call positions. I figured it'd be easiest and more cost-effective to hire an experienced unit nurse into a full-time position. She'd save a lot of time and money versus investing in a new grad.

I talked with the union rep. She was pretty fired up. She is double checking, but she says I am covered for union representation in this scenario and she is urging me to move forward by first initiating a conversation with HR with her assistance. She pointed out an article in the contract that indicates I cannot be retaliated against for filing a grievance, as covered by sections involving discrimination. She said if I had violated actions against the hospital that resulted in discipline or termination - the union is not available for me. But in the case were actions were violated against me, I have a case and protection.

[martymoose, BSN, RN]

Not sure I would want to deal with that manager after all this. Obviously a jerk. Hires 4 new FT grads and then expects you to train them when she knows you were looking for more hours?

I hope you find something somewhere else.Good luck

[AbstracRN, BSN, CNA, RN]

I needed to read that , I had a similar situation happen to me is good advice, she sounds exactly like my manager.

[Roggae]

An update: I decided not to complete the grievance process with the union. I went on two job interviews and received an offer for both. In the meantime, the manager was demoted and a new unit director was established. I put in my two weeks, and have basically been called off due to low census for every shift since. So glad to be getting out of this place.

[Graduatenurse14]

I'm glad it's working out for you!!! Sounds like something that would happen at my hospital- our union rep gets "fired up" too but in reality if either of our unions had the strength they were originally created to have, the hospital wouldn't even consider of not following the correct hiring practices.