Who gets the job?

njjel

Here we go - Two union employees applied for transfer to the same position which was posted in-house. Both were interviewed (without HR present). The position was given to the ee with the most seniority and best administrative capabilities. The other employee has more experience and is bilingual (which is "preferred" in the job description) but horrible administrative capabilities.

The ee who was not awarded the position has stated that his qualifications and experience, plus his bilingual capabilities outweigh the seniority issue, which in this case the ee awarded the transfer has 2 1/2 years seniority over the ee not awarded the transfer. He has stated he intends to file a grievance.

The contract states that the ee must meet the qualifications of the job and that if two ee's apply for transfer for the same position and are both equally qualified, the ee with the most seniority is awarded the transfer. However in this case, neither attorney exactly meets the qualifications of the job. Both have experience in the required field, but neither has five years. Also, one is much more adept administratively than the other.

If this goes to grievance/arbitration, how do you union-wise HR people see this turning out?

Don D

Is this position for an attorney or was that a mistake?

Make your decision just as you would any other promotional or hiring decision and see what your analysis leads to, then stick with it. If neither exactly meets it, then rank your requirements and preferences in order of importance and see which peg fits into the hole.

njjel

Actually the position has been offered already, but those interviewing have now consulted the job description and are having second thoughts!

Don D

A union employee reading a job description prior to bidding on a job. What a concept.

njjel

Actually, Don, it was management who didn't read the job description prior to the interview and now after it was brought to their attention by the unsuccessful bidder they are having second thoughts about their selection. (which by the way, has been announced to the whole company!)

LindaS

In my experience with unions, the seniority issue will prevail. It is always more difficult to prove skills/capability versus seniority.

Geno

njjel,

Two unionized attorneys fighting over a job -- why isn’t that like putting a humidifier and de-humidifier in your basement, setting them both on high and going on vacation -- while you let them fight it out?

But seriously, ask yourself whether or not it really matters to you/management which employee is, in the end, the successful awardee of the position. If one applicant is objectively and measurably the better candidate, award the position to him/her and be prepared to fight like hell to defend your decision. If they are both equally qualified (or, unqualified as the case may be) and it doesn’t matter to you/management which of the two ends up with the position, then let your original decision stand – prepare for the unsuccessful candidate to grieve your decision – and in an uncharacterisic, yet magnanimous act of good-faith negotiations, (and the whole-while fighting to keep a straight face) let the union play Solomon on this one and be the bad guy. I have used this tactic in the past with great satisfaction. Unions are good at criticizing management decisions – so when I can, I like to bounce the ball into their court and let them make the call. The best part about it is – they can’t win and you can’t lose.


Practice saying this: “I hear what you’re saying Earl, but as you know, this thing went through the grievance process and the union had the last say on this one.”

Judith

I am not "union-wise" but if "The contract states that the ee must meet the qualifications of the job" and neither candidate meets the qualifications you don't have a qualified candidate to transfer. I think management should have done all of its homework before making a decision -- I really live in a delusional world --

LeeR

I agree. If neither applicant meets the qualifications then I would call in the steward and the applicants and state that management made a mistake and since niether applicant was qualified the job would be posted again. In the future I would put a system in place to ensure that HR reviews everything prior to jobs being offered to avoid this exact situation.