Does my employer have the right to re-post my job?
Question Details: I will try to make a long story short. I work as a 12-month clerk typist only one in district for the Education Dept. but I work a secretary with very demanding duties in the summer time manually re-setting over 1500 lockers in awful working conditions and as a 4-week summer school secretary, I have also been translating for staff, students and parents since I started 8 years ago. I recently asked my union to request a meeting to have my title converted to a secretary so I can get fair pay, and also compensate me for all the extra work interpreting requires. For years I have asked my union to raise these issues and they never did, also have been neglected by school administrators when I asked for help with lockers. I met with HR Director who has been giving attitude since day 1 and union and after I provided her with my job description and a 2 week report she requested of the time I spend translating, she gave me the same excuse. That my job description says that "we have to help parents, students and staff, and since I happen to have a special skill 2nd language, I should help them with no extra pay". I do not agree as my job description was very misleading, it showed nothing about translating, being bilingual was not required, it said nothing about all lockers nor summer school program. HR Director got upset and even walked out of my meeting, she said that she is recommending the superintendent to re-post the job as a 12-month secretary. Do they have the right to do this after I have provided proof of all the extra work, and was neglected for years? I was not hired as an interpreter, so do they have the right to say it should be part of my job? I am at risk that someone else with more seniority can take my job and take advantage of the title/salary change I worked so hard for? Can they force me to take a pay cut or change my hours if I end up in another position? If they change the title from clerk to secretary, do I have the right to ask for retroactive pay? I need help as everything looks like I will lose in the end after all the years of dedication and extra work. I need help ASAP. This feels so wrong and I need to know my rights.
Not seeing your union agreement, we cannot comment on what rights you have under it. Speak with your union representative to understand what rights, if any, it gives you.
The above said, if you don't have some written contract specifying your exact duties, your job responsibilities are whatever the employer says they are: regardless of title or what you were hired to do or your job description, except to the extent limited by a written contract of some kind, your job is whatever the employer says it is. That is why the terms of the union agreement are critical: depending on what it says, it would be the only restricton on the employer's right to define your job as it pleases.