NAPE members Brian Koch, Joyce Siddall, Floyd Stinson, and Dave Laschanzky work as shop operators at the Tecumseh State Correctional Institution. Security work at the prison is normally performed by corporals. Due to short staffing, Brian, Joyce, Floyd, and Dave have been left alone with inmates, and have been required to perform security work on their shifts. Because of this assignment, all four NAPE members are working out-of-class as a corporal when assigned that work.
When employees are assigned the duties of a job classification with a higher rate of pay, they have the right to be paid for performing those duties. This out-of-class pay is guaranteed by Article 17 of our negotiated contract. In this case, Brian, Joyce, Floyd, and Dave were not receiving out-of-class pay.
These four members reached out to NAPE about the potential contract violation. Our field services team looked into their situation and determined that all four had the right to be paid this out-of-class pay. NAPE filed a grievance on behalf of the shop operators. NDCS agreed that it had violated the contract and agreed to pay all four NAPE members out-of-class pay, including back pay to the date the grievance was filed.
NAPE believes all state employees should be appropriately paid for the work they perform. If you are assigned out-of-class duties and you believe your pay is incorrect, we highly encourage you to contact us immediately so we can look into your situation and provide assistance.