HR Hero Your Employment Law Resource


Search Quick Links 
  #1  
Unread 06-29-2004, 05:03 AM
Mean Gene
 
Posts: n/a
Default Promotions using the "Rule of Three"

I am the executive officer for a law enforcement agency that deals with three union (one civilian & two police unions). The police contract has a "Rule of Three" promotion language and I recently promoted a candidate to sergeant on the list that was below the top three candidates on the list and the union is challenging the promotion, based on a contract violation. However, the candidates that were passed over had a variety of disciplinary problems, including being demoted from the rank of sergeant. I believe that such problems negate the actual standing on the list and allows me the opportunity to promote further down the list. The union's stance is that the candidates' problems are inconsequentual and I must promote based on the specific language in the contract. I need some help and your assistance would be appreciated.
Reply With Quote
  #2  
Unread 06-29-2004, 05:21 AM
Don D
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

It sounds like to me they've got you by the b....eltloops, Gene. Unless there is specific language in the contract to allow you to move below the top three, I can't see a way for you to do it.
Reply With Quote
  #3  
Unread 06-29-2004, 05:25 AM
Gillian3
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

You are deader'n a doornail. This should be a subject for future negotiation, best dealt with with there is no direct impact on any individual.
Reply With Quote
  #4  
Unread 06-29-2004, 05:35 AM
Hunter1
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

You also need to deal with how the list of three was created: How did three individuals get to be the top three when each of them appears to have problems which would preclude their promotion??? I agree with the others, if that's what the contract provides for, you're stuck. Do you absolutely have to promote from this list? Can you wait for the labor agreement to end and deal with the problem, or for the list to expire?
Reply With Quote
  #5  
Unread 06-29-2004, 05:53 AM
Mean Gene
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

Thank you...but there is no specific language in the contract that would allow me to go around the candidates. The ranking is based on passing a four-part exam process...discipline, perfomance, etc., is not a consideration, except in the personnel rules and regs.
Reply With Quote
  #6  
Unread 06-29-2004, 05:55 AM
Mean Gene
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

Thank you, we are in the middle of contract negotiation for the next fiscal year & I am asking for specific references in the contract to keep me from promoting bad employees.
Reply With Quote
  #7  
Unread 06-29-2004, 06:00 AM
Mean Gene
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

Thanks for your response. I do not have to promote from this list and I could wait for it to expire in 1 year. But the fact is the candidate was in the acting position for one year and people in the top tier are there because of how they performed on a four-part exam. No consideration was/can be given to their disciplinary record, past performance, etc., according to the contract. We are in the midst of negotiating a new contract for the next fiscal year and I want to put some provisions that would preclude bad candidates from taking the exam or remove candidates from the list that have disciplinary problem after the posting.
Reply With Quote
  #8  
Unread 06-29-2004, 07:28 AM
Crout
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

If you're not obligated to promote right now I would rescind the promotion to keep the Union quiet, but keep that person on the job as the acting-whatever until you can get better language in the contract. If the union took this to Arbitration you would lose.
Reply With Quote
  #9  
Unread 06-29-2004, 07:54 AM
Don D
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

And you'd better be willing to give up something considerable to get that language changed. That's one of the best cards in their current hand, a requirement that the company overlook performance and discipline in favor of pure seniority. Whoever got that into the contract did a day's work.
Reply With Quote
  #10  
Unread 06-29-2004, 08:44 AM
Mean Gene
 
Posts: n/a
Default RE: Promotions using the "Rule of Three"

Thank you...I agree
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


Go to Top
Subscriber Login