Body Memo 1.6 CIM v5 2021

Question: What is the remedy when a supervisor performs bargaining unit work in violation of Section 1.6A?

Answer: Except where the time involved is de minimis, the employee(s) who would have been assigned the bargaining unit work will be paid at the applicable rate for the additional work hours that would have been assigned to the bargaining unit employee(s) but for the violation.

Question: Does a union representative have a basis for filing a grievance when he/she believes that a supervisor is performing bargaining unit work in violation of Section 1.6, where the work in question is properly assigned to another craft?

Answer: In keeping with the exclusions outlined in Section 1.2, in those circumstances in which there is no dispute that the work in question is properly assigned to another craft (e.g., the work is properly assigned to the clerk craft under the provisions of RI 399), the union representative would have no basis to file a grievance over the supervisor’s performance of that work.