Public Employee Press

Arbiter to city: Pay up and tell truth on standby time

In a major decision, an impartial arbitrator sided with DC 37 and Civil Service Technical Guild Local 375 and awarded back pay to Resident Engineers who were ordered to stand by for emergency duty.

As revelers ushered in 2001, the city was bracing for a major snowstorm. A Department of Sanitation manager issued a memo requiring several Resident Engineers to be available for emergency work on New Year’s weekend.

Local 375 Chapter Chair Joel Chanin pointed out that under the Citywide Contract he and his co-workers were entitled to standby pay, but management said ‘No’.

Seven engineers were on call that weekend; two wore beepers and the others stayed close to their home phones for 88 hours straight. The weather emergency never materialized.

Still, the workers had canceled long-planned parties and get-togethers with family and friends. “We willingly did our part,” said Mr. Chanin. “We expected management to do theirs.”

Believing management had violated the collective bargaining agreement, the engineers and Rep Steve Beck filed a grievance. The case went to arbitration, with DC 37 lawyer Thomas Cooke representing the engineers.

Testimony from Evelyn Seinfeld, associate director the union’s Research and Negotiations Dept., helped nail the case. She pointed out that in discussions about potential Y2K emergencies on New Year’s Day 2000, the city acknowledged that travel restrictions are a key indicator of standby status. In a subsequent settlement, Construction Managers were awarded standby pay based on travel limitations and threatened disciplinary action.

In August, the arbitrator clarified Office of Labor Relations Memorandum 90A to mandate standby pay for employees who face potential disciplinary consequences when they are “required or ordered involuntarily to be available to respond to a page or telephone call for unscheduled or emergency duty.”

Management has been taking advantage of members’ dedication for many years by telling employees they are just “on call,” but not officially on standby, said Ms. Seinfeld.

The impartial arbitrator’s ruling places the burden of clarity on the city: Managers must state upfront whether a request for standby duty is a simple request or a directive with disciplinary consequences.

“Management used technology as an excuse to abuse our members and then violated the contract by refusing to pay for their time,” said DC 37 General Counsel Joel Giller. “This victory should protect city workers from these unfair practices.”