Serious Doubts Arise About Fair Bidding

The UFCW's actions regarding the recently posted Grade 1 Field Services position have raised serious doubts for unit members about the employer's commitment to a fair bidding process.

Fairness and equitable treatment are at the heart of Article 6 (filling of vacancies), section 4(a), which provides that:

The Guild doesn't doubt the qualifications of the employee selected to fill the position.

However, UFCW unilaterally changed both policy and past practice when it directed two employees who had already tested within the past six months to test again-this time on brand new test. Both employees had initially been informed that, as was the practice, they would not have to retest.

The job posting clearly stated that:

"Any employee may be required to take skills tests to determine whether he/she qualifies for the new position, unless such employee has taken the tests within the last six months and has met the required standards. All employees who meet the minimum qualifications will be interviewed."

The position description, slightly revised since the June 2001 posting of the same job, still required essentially the same duties, responsibilities, and skills that the earlier tests were apparently designed to test.

One employee got a half hour notice that she was to take "a one hour test", but was told to stop 45 minutes into the test; the other was given the full hour. Neither employee was even interviewed for the position, although one employee performed 100% of the duties of the posted job all the while it was vacant during 2001-some 12 weeks. Plainly this employee was able to "perform each essential duty satisfactorily", met the minimum qualifications, and should have been interviewed. UFCW only interviewed the least senior employee for the opening.

Finally, the UFCW certainly has the right to develop tests that measure skills required to perform the work. But such tests must be meaningful and fairly administered. The UFCW Secretarial Handbook is said to be a reference and "written to assist the user in performing their job functions." UFCW, in the test in question, treated the reference material as something that should have been memorized and regurgitated verbatim. Test questions and answers did not even accurately reflect the actual application of the procedures in the UFCW workplace.

When the employee who has been performing the work for months cannot pass the test for the position, and UFCW refuses to consider her qualified enough to interview, the Guild has to ask some hard questions.

We expect UFCW to review its actions in this matter-it will have to since a grievance has been filed-and take appropriate steps to remedy the inequity that has taken place.

The Guild will hold a Unit meeting Monday at 1 p.m. in the 10th Floor Board Room for all those that are interested to review are response to this issue. Please schedule your lunch accordingly.

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