issues in Arizona

I work for a local school in Arizona. WE (the aides) are having some issues with our employer and we don't know who to contact. To give a brief over view of the issues we are having:

We were hired last year and were told that we would get certain benefits: sick leave, personal leave, and 11 paid Holidays. Some were even promised certain pay and then after starting work that pay was not what was promised. Most of us got hired without even knowing what our wage was until our first paycheck. About a month or two into the school year, we were then all of a sudden told we needed to take an extra half hour lunch each week. We were then told that we were no longer able to get our benefits. They even zeroed out the already incurred sick time, personal leave. When we tried to pursue the issues behind us and our benefits we were then told we had to become para-professionals (which meant we had to take a test, which they required us to take) and they said by doing this, that the following school year we would be able to get our benefits back. The aides, then paid and took and past the test. The new year has started and we barely got told a couple days before we were supposed to start school that the board approved us all to come back. After working 2 days we went to go find out what our new pay was and then again told that the new superintendent denied our benefits and capped our hours again. WE were no longer getting our benefits- (there were a select few aides- some who had been there for a while and the special ed. aides still got theirs). And there were two aides who got it the whole year last year and they took it away from them as well. We started to tell the superintendent that we saw a danger in the radio to students/aides on the playground. That we didn't feel the students were safe with just one or two aides on the playground at at time. Then after a couple weeks of school they told us because of the shortage of aides, they were basically turning us into playground aides (which is not a requirement to be a para-professional to watch kids on the playground). And with the few short hours that we are not needed to be on the playground or cover for the special ed. aides, they were telling us to squeeze in that extra 30 hour lunch. We asked how we could possibly fit an hour lunch when they was no time, and they told us "to write down we took our hour lunch and just to take five minutes here or there throughout the week to fit in our hour lunch that we get once a week" So I feel there are asking to also now lie on a legal document which is our time sheet, because they know there is no physical way we can take an hour lunch. I don't see how it can also be legal to ask us to take an extra half hour lunch but make us spilt it up. I also don't see how they can give benefits, then take them away, zero what you already earned and then verbally tell us to take a test to earn those benefits and then again not give it to us. Every time we have tried to go to board or our superiors we are basically bullied into "we are at will employees and if we like our job, we will keep our mouth shut". We are tired of getting used and abused at the school. We do have our children there and most of us work there to be on the same schedule with our kids. They use that to their advantage to push us around. The list goes on and on of the back stabbing and the bullying this school has done to us. Teachers are aware, some parents are aware. I don't see how ANY of this can be legal and we want to know our rights. We want the labor board to investigate the school. Also another point to add it does say in some book, I'm working on getting copies- manual- that if you are 11 months and under employee (which aides are, that you get the sick, personal leave and 11 paid holidays) Also the applications last year as well said something about us getting those benefits, I'm also working on getting copies of that. I also am working on getting copies of old pay stubs, and detailed letters from the aides who were affected for review. Please let me know what we can do to protect ourselves!!! Another funny thing is they make us contribute to a mandatory retirement which they say is required by law, which I find funny is we are at will employees who only work 9 mths and don't get benefits, and what they take is a large amount that we have no say over.???

Amber Norris

That is quit a story, I noticed you posted in the labor law section as well. I put it in this category for now. If you are interested in forming a Union contact an organizer from the AFL-CIO you, and your co-workers are getting hosed. (Click) http://www.aflcio.org/joinaunion/how/howto.cfm

The rest requires prompt legal action for many reasons you listed. Gather your co-workers contact an attorney for a class action law suite. Eric the radical laws schools student will be by to post later if he does not have heart attack reading your post.

Remember you have federally protected right to form or join a union:

Sec. 7. [Sec. 157.] Employees shall have the right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].

I'm sorry it was such a long post. That is only half of it. We all have headaches, already had one aide quit, and many more looking for jobs. The aides are scared to ask for help or know where to turn. I sent an e-mail to the link you gave me on forming a union. I hope we can get some help. I went on the arizona lawyer website, and e-mailed away. But we obviously can't afford an attorney. So I don't know how that works?

I wish I could help you more on the lawyer unfortunately this site is so new. We only have attorneys from two states Ca. (Admin) and Ga. (Outlawyer) I hope to build a preferred attorney list in the future.

Hey,

It’s the radical law student and long time union rep here.

My god, you’re going through a nightmare.

My first instinct is to tell you that your best cause of action lies in a contract claim. You are hired pursuant to conditions that your employer represents to you, whether verbal or written. Even though your understanding with your employer is verbal and you are at will that does not mean that your employer is not going to be held to honor the promises they made at the time you were hired.

Your situation is very fluid and very place specific. You, and any likeminded co workers, need to seek a labor law attorney that can advise and represent you.

I think that you have more than a few valid claims. The first, and most obvious one, is the lunch issue. I'm guessing you dont get paid for lunch, which would mean that they want you to work without pay. Thats an easy one.

The next most obvious issue is a promissory estoppel contractual claim based on your constantly changing working conditions. I'm sure a labor law attorney will be able to sink his or her teeth into that one as well.

I don't think you would be wasting your time by retaing legal representation.

Don't walk, run to the nearest labor law attorney you can find that has a decent reputation of representing small groups. I think you said you were in Arizona. I have an old girlfriend that practices in Phoenix. I’ll drop her an email if you can’t find anyone to represent you.

Good luck,

Eric

Please do get me her info or e-mail her my issues. We really need some help. The thing with the lunch issue, is they are capping our hours at 32 instead of 32.5 in which they claim they don't have to give us the benefits they already promised us. The extra hour an hour has to be take during the week to keep us at 32. But we don't have the time, due to low amount of aides per children and having to be on the playground to watch the kids, so they are asking us to just put down on our time sheet that we took that half an hour, and take the 30 mind in any 5 min here or there that we can grab. So basically they are requiring an hour lunch once a week, the other days are half hour lunches and they want us to take that extra half hour through out the week. Again, the list goes on and on, and I can go into detail about each thing, but you saw how long my general overview was. We are all concerned for our jobs if we have attorneys, labor board involved. They love to throw back in our face, we are at will employees.

Again, last school year 2007/2008 we were hired with having the benefits, then they were taken from us, the already earned sick time and personal leave was zeroed out and we then all of a sudden asked to take the extra half hour. When we realized what happened, they told us we had to become para-professionals in order to get those benefits. Which the aides went and got thes test done, paid for it ourselves, and past, only to be re-hired thinking we had that this year and then get told again, we don't have it.

Its such a nightmare, and we all have headaches, and we have vested interest in the school because our kids go there. Its just a sad situation.

This site is NELA they are all employment labor lawyers, and have to maintain their statues.

http://www.nela.org/NELA/
JoeC

I can make some additional suggestions. First of all, the accrual of benefits benefits is ordinarily viewed as the accrual of wages that haven't yet been paid (except sick pay). You may very well have an unpaid wage claim with the Arizona Department of Labor.

As far as asking you to work and not be paid----STRAIGHT UP ILLEGAL! They CAN dictate how many hours per week you work, how and when you take your breaks. However, the issue that raises my eyebrow is the extra 30 minute lunch. Federal law stipulates that if the break is less than 20 minutes in duration, then it must be paid. So by telling you to add five minutes here and there, they MUST pay you for that break.

I, however, would take a little bit different approach that is a hybrid of what Joe and Eric suggested. Just to give you our backgrounds...Joe is a long-time railroad union member, Eric is a law school student, and I am a human resource manager (have been in HR 14 years). I would suggest that ALL OF YOU show up at the next school board meeting (those things are public), and request to be heard. If they won't hear you then, that is fine, ask for an appointment to be heard. If they tell you that they can't give you an appointment right then, that is fine too, tell them that you will be calling at a specific date and time to obtain an appointment FOR THE GROUP to speak with them.

Elect ONE PERSON to speak on your behalf. When that person gets up to speak, they need to make it VERY CLEAR that they speak on behalf of everyone present. The spokesperson then needs to very politely and calmly outline their concerns (just as you have here). The spokesperson also needs to request that all para's be reinstated or paid their previously earned PTO, given back the accruals that SHOULD HAVE BEEN EARNED between then and now AND that you begin to earn accruals again. You also should request the para rate of pay versus the aide rate of pay. Requesting to speak with the higher ups TOGETHER and regarding working conditions is called "ACTING IN CONCERT," and is a federally protected activity. Acting in concert is protected by the National Labor Relations Act, the same law making it legal to form a union, and is valid even if you are not unionized. THEY MUST HEAR YOUR CONCERNS, AND MUST DO SO AS A GROUP IF THAT IS WHAT YOU CHOOSE. If they won't hear you together, report back here (your legal claim will be MUCH BIGGER).

If they won't give you what you are asking for in concert, you will then have two choices: see a labor attorney or contact a union. Here are the pros and cons. A labor attorney will get you what you are asking for much quicker than forming a union. The attorney will be able to get your unpaid wages, your PTO, and remedy any issues that you are having with broken promises (promissory estoppel). Once all the issues are settled, you get your back pay, unpaid wages, correct pay going forward, the attorney collects his fee and is gone. The other option is to form a union. The union won't get you results as quickly as an attorney; however, the union will be around for the long-haul to protect you, whereas the attorney will get you want you want and deserve and will then be gone.

As a side note, I DON'T LIKE MOST UNIONS!!! Most of them are CLOWNS and are only there to take the dues of the workers. Choose your union wisely. I was raised in a union household. I am now on the management side. Make sure that if you involve yourself in a union that you are getting one that represents YOU and YOUR BEST INTERESTS. As management, I have worked with some unions that are fabulous, and some that are HORRID!!! If you want more advice on unionizing, come back here again, and we'll help more.

You don't like Unions you just outlined the basic template of forming one. What you posted is how they are built, your mixing up an affiliated Union with the Union itself.

National Lab. Rel. Board v. Arrowhead Rubber Co. 146 F.2d 749
Under National Labor Relations Act, employees are entitled freely to choose their own bargaining representative,whether by forming an independent union or otherwise, without interference from employer. National Labor Relations Act, § 1 et seq., 29 U.S.C.A. § 151

There is one other thing though if they do not agree to meet with you then that is not fine,and gives rise to the group to strike witch is also protected. The employer once a Union is formed must bargain in good faith. If the employer refuses this gives rise to strike

29 USC 163.
Nothing in this subchapter, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.

N.L.R.B. v. Hotel Employees and Restaurant Employees Intern. Union Local 26 446 F.3d 200 To qualify as “concerted activity” under the National Labor Relations Act (NLRA), conduct need not take place in a union setting and it is not necessary that a collective bargaining agreement be in effect; it is sufficient that the complaining employee intends or contemplates,as an end result, group activity which will also benefit some other employees. National Labor Relations Act, § 7, 29 U.S.C.A. § 157.

JoeC

We have asked many times to be heard. We have asked for a group meeting and individual meetings. We have asked to meet with the board. The superintendent has forgotten 3 board meetins on this issue, then he claims he went to a retreat with the board meetings are this issue was discussed and our pleas were denied. The problem is we all make very little, obviously and with them taking our benefits away we make even more. We can'y afford an attorney. We would love to start a union. I already sent an e-mail to the link that was provided about how to start one. What is sad is employers can screw employees over and our only action in order to get justice is to hire an attorney, which none of us can afford. I would think it the school should have to pay legal fees. We are all so lost and now even more discouraged. Most attorneys I have already contacted want us to pay 100-400 an a consult and that they also want to meet with us as individuals. WE are all making like 8-9 dollars an hour, and we only work school hours and days. So we don't work summers. Most of us do this because we want to wrok with our children and because we all love working with kids and helping children with their education. We all realize how few really care anymore.

First how do you know you cant afford an attorney? If there are wage claim issues Arizona awards reasonable attorney fee's and Treble (triple) damages for unpaid wages. If there is are multiple effected employees that gives rise to a class action. A good attorney never has to worry about how he is getting paid.

Secondly if you like you and you co-workers can have a closed group on this forum under labor law with self moderation. This site is new but it should not be hard to put together. P.M if you are interested. A closed group is a members only approved by who you appoint as moderator.
JoeC

Actually, besides being a law student I am a long time long serving union offical. Safety rep, executive board member, vice president, shop steward.

The attorney's name is Carli Simons. Yeah, no joke. Shes cool, a bleeding heart liberal. I loved her once.

Here is her email

cms@lawphx.com

I'm hoping that email is still active

Eric

What is her name? Also where would I look for a union that helps school employees?

The AFL-CIO link should automatically give you the correct bargaining agent. Try this as well http://www.aft.org/psrp/about.htm
JoeC

JoeC (McGruff) wrote:You don't like Unions you just outlined the basic template of forming one. What you posted is how they are built, your mixing up an affiliated Union with the Union itself.

THE VERY ILL-TEMPERED BLUE BEAR STRIKES AGAIN
I never said that I was anti-union. I said that I don't like MOST UNIONS. My dislike for most unions is that they don't give a damn about their members. They are just in it for the money or power. My best experiences have been with the ones that are (and always have been) AFL-CIO afilliated.

JoeC (McGruff) wrote:There is one other thing though if they do not agree to meet with you then that is not fine,and gives rise to the group to strike witch is also protected.

When I said "that is fine," what I meant was the superintendant/school board IS NOT legally obligated to hear you on demand. Some school boards have an agenda that the paras would have to get on, or they may have to make an appointment. They MAY be able to be heard immediately; however, it would be well within management's rights to ask them to schedule an appointment to be heard.

At this point, since you say that many of you have requested a time to meet already, someone should draw up a letter, and request AN APPOINTMENT to all be heard TOGETHER. Personally, I would send the letter via certified mail, return receipt requested, RESTRICTED DELIVERY (restrict delivery to the superintendant). This means that the superintendant must PERSONALLY SIGN for the piece of mail. In the letter, I would request that he acknowledge receipt of the letter in a manner that you specify WITHIN 48 BUSINESS HOURS OF ITS RECEIPT. I would put in the letter that failure to acknowledge receipt of the letter shall be interpreted as the refusal to be heard.

Next, I would put in the letter that the superintendant has SEVEN CALENDAR DAYS from the date of receipt of the letter in which to schedule a mutually convenient date and time. I would put in the letter that the failure to make contact to schedule said meeting will be interpreted as the refusal to be heard.

Finally, I would put in the letter that the employees desire the meeting to occur within THIRTY DAYS of receipt of the letter. I would also add that the superintendant not scheduling this meeting with the employees within the timeframe allotted will be interpreted as the refusal to be heard.

Here is why I am suggesting each of the above timeframes: I don't think that asking someone to simply acknowledge that they got a piece of paper within 48 hours of getting it is unreasonable. I think that giving them a week to look over their calendar, and find a date and time within the next MONTH is MORE THAN GENEROUS to find a mutually convenient time.

MY FINAL SUGGESTION: They sound like asses. Even if you get what you are asking for, FORM A UNION ANYWAY!!!

I will for sure do as you requested. My concern is writing a letter that is going to sound professional and be worded correctly, so they know we know our right and exactly what we want. I don't want to show any emotion that they can play on. I want it sound as legal and informed as possible. I'm going to get with the aides on Monday and see if we can get together and try to write a draft to both the requesting to be heard and a letter in which we will take to the board. Any help with these letters would be much appreciated. Thanks!