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Old 01-13-2022, 08:21 PM   #1
jgard
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Default Company not following union contract

So I work for Sherwin Williams paint co at the plant in garland we are a union plant under contract the company wanted to add another person to forklift shop which the contract states they must post any hourly position for 7 days on the bulletin board in clock alley which the company did not do. When I heard they hired a new person I went to the hr manger who was not in so was directed to the plant manager asked him about it he did not know so was told they would look into it about 45 minutes later was called to his office along with shop manager and the plant engineer and was told they all talked about it and I was wrong and they did what they were supposed to couple hrs later plant engineer called me to the side and Sadie that they looked into it more and that I was right the contract was not followed and that it would be corrected so a week later no job posting and the new person has started I have been there for 18 years and I have been in the shop for 5 years I wanted that job do I have a case for the labor board yes I want to take it there the company and union arenít doing what they are supposed to I have no respect for the leadership in the shop and this is not the only thing that makes me feel this way when you are told when you ask a question to the maintenance manager and his reply is your a big boy you will figure it out the. You are in a position that you do not belong in
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Old 01-13-2022, 08:42 PM   #2
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Why haven’t you filed a grievance with your union? That should have been done day one. The union needs to hold the company accountable to the contract
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Old 01-13-2022, 08:42 PM   #3
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Sorry to hear that. Is there a labor relations department within HR? May need to take it to them. I would say file a grievance but sounds like even the union is not cooperating. I am not sure of other options outside of your union and labor relations.
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Old 01-13-2022, 08:43 PM   #4
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Originally Posted by AntlerCollector View Post
Why havenít you filed a grievance with your union? That should have been done day ine
I talked to the union about it that day they said we will talk to them and that was it Iím a not a member so they will not fight Iím filing a complaint with Texas workforce and naming them in it as well
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Old 01-13-2022, 08:45 PM   #5
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If you aren't covered under the contract then I don't think you would have a leg to stand on. Am I missing something?
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Old 01-13-2022, 08:46 PM   #6
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I talked to the union about it that day they said we will talk to them and that was it Iím a not a member so they will not fight Iím filing a complaint with Texas workforce and naming them in it as well


Well if youíre not a member they wonít do anything for you they donít have to. Good luck. I donít really think you have much of a case without union support
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Old 01-13-2022, 08:53 PM   #7
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If you aren't a member you will not receive their benefits. Sorry to tell you but the TX workforce is not going to listen to your case either.

This is a union specific case and you aren't a member of the union.
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Old 01-13-2022, 08:55 PM   #8
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The. Why I am I help to their standard if I walk into hr they tell me I have to have them there
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Old 01-13-2022, 08:56 PM   #9
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I take that back, you will receive their benefits as in you get the pay etc they fight for but they aren't going to represent you on a grievance case.
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Old 01-13-2022, 08:58 PM   #10
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The. Why I am I help to their standard if I walk into hr they tell me I have to have them there

You still work under the union contract. Like I said they probably won’t do anything they don’t HAVE to. You can still file a grievance, but don’t expect much representation to be done on your behalf. You reap the benefits of bargained pay even though you don’t pay the dues. Just part of the deal. If the new hire is a union member then you’re really screwed
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Old 01-13-2022, 09:03 PM   #11
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I take that back, you will receive their benefits as in you get the pay etc they fight for but they aren't going to represent you on a grievance case.
They have to by law
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Old 01-13-2022, 09:04 PM   #12
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You still work under the union contract. Like I said they probably wonít do anything they donít HAVE to. You can still file a grievance, but donít expect much representation to be done on your behalf. You reap the benefits of bargained pay even though you donít pay the dues. Just part of the deal. If the new hire is a union member then youíre really screwed
I told them 6 times 18 years ago to get me a application and I would join Iím still waiting on that application
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Old 01-13-2022, 09:07 PM   #13
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They have to by law
They have to act like they are representing you.. don't think for a sec that you will get the same representation as a paying member..
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Old 01-13-2022, 09:10 PM   #14
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They have to act like they are representing you.. don't think for a sec that you will get the same representation as a paying member..
But they are not even trying thatís the point they know a more sin or guy wants the position and is a paying member
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Old 01-13-2022, 09:13 PM   #15
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But they are not even trying thatís the point they know a more sin or guy wants the position and is a paying member
Then I'd let that guy file a grievance.
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Old 01-13-2022, 09:15 PM   #16
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They have to by law
Maybe so, I deal with a Police Association. If you aren't a member they aren't doing anything for you. Maybe a true "Union" is different.

Personally I don't see this going anywhere but that's just my opinion. Good luck, hopefully things work out for you one way or another.
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Old 01-13-2022, 09:16 PM   #17
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Let me get this straight, you’re not part of the union but filed a complaint because rules weren’t followed by union contract? We are in a right to work state, keep that in mind.

Last edited by bbqfan5909; 01-13-2022 at 09:17 PM. Reason: Spelling
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Old 01-13-2022, 09:18 PM   #18
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I told them 6 times 18 years ago to get me a application and I would join I’m still waiting on that application
Claiming/stating they never got you a contract is not going to get you anywhere with anyone… however, the company should still follow the process they have agreed to and can’t violate the agreement…. First thing I would do if I were you is get a printed copy of the agreement and approach H R again…

This time document who you speak to and advice them you are seeking to resolve the issue at the lowest level possible. As a matter of fact, you should first run all this by your first line supervisor and document it all.

If you are going to pursue this you must document everything.

Last edited by Pedernal; 01-13-2022 at 09:20 PM.
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Old 01-13-2022, 09:24 PM   #19
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I think you should let someone write the letter for you!
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Old 01-13-2022, 09:26 PM   #20
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Maybe so, I deal with a Police Association. If you aren't a member they aren't doing anything for you. Maybe a true "Union" is different.

Personally, I don't see this going anywhere but that's just my opinion. Good luck, hopefully things work out for you one way or another.
If the union has negotiated sole rights to bargain with the employer they are supposed to represent everyone including none union fee paying employees because they are members due to the sole bargaining rights agreement. However, they will half arse that at best due to no fee payment.
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Old 01-13-2022, 09:30 PM   #21
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I think you should let someone write the letter for you!
I agree.
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Old 01-13-2022, 09:30 PM   #22
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How about you drop it And find a better job.
I know 18 years is a long time and that experience could one in handy somewhere else. Whole lot of folks need help
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Old 01-13-2022, 09:37 PM   #23
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How about you drop it And find a better job.
I know 18 years is a long time and that experience could one in handy somewhere else. Whole lot of folks need help
Itís hard to walk away I have 4 weeks vacation and I like my work schedule rotating 12 and Iím on days I have tried to leave before but no verified work no one wants to give me a shot was looking at getting into different line of work but with kids and being major salary winner canít afford pay cut now
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Old 01-13-2022, 09:44 PM   #24
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I think you should let someone write the letter for you!
I loled hard at this.
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Old 01-13-2022, 09:52 PM   #25
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Some loooooooong sentences in op.
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Old 01-13-2022, 10:04 PM   #26
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So you don’t pay union dues but yet expect them to help you out? I have never been part of a union but if I worked somewhere where there was a union I would definitely be in it. If they do end up helping you, you should consider being a part of it.
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Old 01-13-2022, 10:06 PM   #27
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Originally Posted by jgard View Post
So I work for Sherwin Williams paint co at the plant in garland we are a union plant under contract the company wanted to add another person to forklift shop which the contract states they must post any hourly position for 7 days on the bulletin board in clock alley which the company did not do. When I heard they hired a new person I went to the hr manger who was not in so was directed to the plant manager asked him about it he did not know so was told they would look into it about 45 minutes later was called to his office along with shop manager and the plant engineer and was told they all talked about it and I was wrong and they did what they were supposed to couple hrs later plant engineer called me to the side and Sadie that they looked into it more and that I was right the contract was not followed and that it would be corrected so a week later no job posting and the new person has started I have been there for 18 years and I have been in the shop for 5 years I wanted that job do I have a case for the labor board yes I want to take it there the company and union arenít doing what they are supposed to I have no respect for the leadership in the shop and this is not the only thing that makes me feel this way when you are told when you ask a question to the maintenance manager and his reply is your a big boy you will figure it out the. You are in a position that you do not belong in
Holy run on sentences!!! All this and only 2 periods.....
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Old 01-13-2022, 10:16 PM   #28
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Punctuation please!


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Old 01-13-2022, 10:18 PM   #29
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Holy run on sentences!!! All this and only 2 periods.....
Two? I only see one, and it’s not even at the end of the diatribe. How does one arbitrarily place one period after one sentence but not the other 15 or so sentences? Why just that one sentence???
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Old 01-13-2022, 10:27 PM   #30
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I think you should let someone write the letter for you!
I agree... that might have been the worlds longest sentence.
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Old 01-13-2022, 10:39 PM   #31
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I think you should let someone write the letter for you!

Please, for the love of god.


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Old 01-13-2022, 11:10 PM   #32
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Pay up on the 8 - 15 years of union dues and I'm sure the union will take up your cause the next business morning.



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Old 01-13-2022, 11:26 PM   #33
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Does Sherwin Williams not have a Corporate HR that you can not file a open line complaint.According to the EEOC. Companies are required to post job openings for X amount of days internally. You could also file a EEOC claim for discrimination.Then they will be audited and have to have all there hiring practices looked at. Then if they feel warranted you may get to go before a review board. I would ask the local HR, what they are going to do. Then move forward
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Old 01-13-2022, 11:55 PM   #34
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Two? I only see one, and itís not even at the end of the diatribe. How does one arbitrarily place one period after one sentence but not the other 15 or so sentences? Why just that one sentence???
LOL! It's like a "Where's Waldo" book only with periods. Definitely 2 in there though.
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Old 01-14-2022, 12:36 AM   #35
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LOL! It's like a "Where's Waldo" book only with periods. Definitely 2 in there though.
Okay, you have me buffaloed! I have scanned his original post a dozen times, and all I can find is one lone period after the word, “do.”
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Old 01-14-2022, 12:41 AM   #36
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Okay, you have me buffaloed! I have scanned his original post a dozen times, and all I can find is one lone period after the word, ďdo.Ē
If you read it a dozen times obviously you've found 12
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Old 01-14-2022, 12:44 AM   #37
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Jimney Christmas, that was the 3rd longest sentence ever written on here.


What happened to periods, comas, question marks, etc. do they not teach these in 4th grade anymore???????
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Old 01-14-2022, 01:30 AM   #38
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Originally Posted by jgard View Post
Itís hard to walk away I have 4 weeks vacation and I like my work schedule rotating 12 and Iím on days I have tried to leave before but no verified work no one wants to give me a shot was looking at getting into different line of work but with kids and being major salary winner canít afford pay cut now
4 weeks after 18 years?!?! Thats the chittiest union contract or you are in fact a non-union employee.

Sir, it is time to move over to Behr. There are 10 open positions in Roanoke and at least one of them allows you to occasionally operate a forklift. I checked their benefits also. They have competitive pay, 3 weeks vacation year 1, and educational assistance programs.

https://www.behr.com/consumer/careers/total-rewards/
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Old 01-14-2022, 01:58 AM   #39
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Okay, you have me buffaloed! I have scanned his original post a dozen times, and all I can find is one lone period after the word, ďdo.Ē
He snuck a random one in at the bottom after "the."
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Old 01-14-2022, 02:28 AM   #40
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Something I've learned along the way. If you want something, speak about it. If you've been there 18yrs, your management team probably should have known you wanted that position. TX workforce will be zero help. They are not going to tell your boss you wanted a new job. If I were you I would get my resume ready and be prepared to leave.
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Old 01-14-2022, 04:35 AM   #41
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It is not uncommon these days for a company to not follow the contract to a T. As mentioned above this is what the grievance process is used for from my experience. The Texas Workforce isn’t the place to complain about working conditions or contracts. The EEOC is useless most of the time.
I worked in union plants for 36 plus years. Nonmembers such as yourself Op still had to be represented but you shouldn’t expect to be represented with the same energy as a paying member. Be honest with yourself and everyone else here if you really did want to join as you stated you would have put forth the effort. You have ridden the coattails of other paying members negotiated benefits all these years from the information you gave us so that’s that. Union member or not a person should give the company their best each day, an honest day of work. Thank goodness I am retired now.

Last edited by tps7742; 01-14-2022 at 04:38 AM.
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Old 01-14-2022, 05:09 AM   #42
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I loled hard at this.
LOL so did I.
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Old 01-14-2022, 05:27 AM   #43
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I talked to the union about it that day they said we will talk to them and that was it Iím a not a member so they will not fight Iím filing a complaint with Texas workforce and naming them in it as well
So basically you are saying you are a non dues paying union member. In other words you are riding the dues paying members coattails? You want everything they work and pay for to be free to you?
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Old 01-14-2022, 05:30 AM   #44
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So basically you are saying you are a non dues paying union member. In other words you are riding the dues paying members coattails? You want everything they work and pay for to be free to you?
Why would a union negotiate and agree to sole bargaining rights if they arenít going to represent everyone?
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Old 01-14-2022, 05:41 AM   #45
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Why would a union negotiate and agree to sole bargaining rights if they aren’t going to represent everyone?
Maybe they did represent him. You are only hearing his side the story. Not uncommon for rats to lie.

Anyone that meets with mgt without a rep is not in their right mind anyway.

Last edited by Bayouboy; 01-14-2022 at 05:43 AM.
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Old 01-14-2022, 05:52 AM   #46
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Stir up a lot of trouble and the next time you drop a can of paint, you will be out the door.

If you don't like the place you work, leave.
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Old 01-14-2022, 06:04 AM   #47
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So basically you are saying you are a non dues paying union member. In other words you are riding the dues paying members coattails? You want everything they work and pay for to be free to you?
Well said
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Old 01-14-2022, 06:09 AM   #48
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Maybe they did represent him. You are only hearing his side the story. Not uncommon for rats to lie.

Anyone that meets with mgt without a rep is not in their right mind anyway.
Call me crazy…. I represented myself and multiple other employees on multiple occasions for separate issues and the only time I failed to win was based on a time issue when I filed paper work beyond the time limits.

I also managed over employees in this same place for over six years. Not once did the union file a grievance on me. The few times they brought up concerns I was more than happy to explain to them not just why I had taken action but also what article of the agreement they would need to challenge. Not once did it go on beyond that while I was a manager.

After, I got tired of baby sitting grown arse adults I requested and was granted a demotion. Again, without the union or ever consulting with them I made management change some decisions they had made on stuff as to how they issued leave because they had strayed from the article agreed up on.

I am sure my experience with the union I was a part of and the union you are in are different. But I can’t think of one good thing the union did for me. You seem very happy with yours so it’s all good until someone not so educated on the “contract” gets left out by both sides.

And to be “fair” since that’s what most unions want there are “rats” in management, the workforce, and in the union.

Last edited by Pedernal; 01-14-2022 at 06:16 AM.
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Old 01-14-2022, 06:17 AM   #49
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Stir up a lot of trouble and the next time you drop a can of paint, you will be out the door.

If you don't like the place you work, leave.
This IMHO. In this situation, causing a stink about the procedural process isn't going to get you the job. Unproveable, but I would think it may well hurt your chances next time as well. Does your supervisor know you want a different position? Does his or her boss as well? What are you doing to set yourself up for that position and set yourself apart from others?
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Old 01-14-2022, 06:24 AM   #50
Pedernal
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Originally Posted by db@100 View Post
Stir up a lot of trouble and the next time you drop a can of paint, you will be out the door.

If you don't like the place you work, leave.
This is why any concerns and or complaints brought up to management must be well documented. With documentation, it would be easy to prove management retaliation.

Quote:
Originally Posted by TexasBob View Post
This IMHO. In this situation, causing a stink about the procedural process isn't going to get you the job. Unproveable, but I would think it may well hurt your chances next time as well. Does your supervisor know you want a different position? Does his or her boss as well? What are you doing to set yourself up for that position and set yourself apart from others?
This along with getting some one else to write the letter are the best posts and bits of advice I have seen on this thread.
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