By JANE LaTOUR

Ruling Sept. 2 in a landmark case, Arbitrator Maurice Benewitz delivered a strong and sweeping victory to District Council 37 and Clerical-Administrative Employees Local 1549.

His decision stated unequivocally: “The city Police Dept. has violated the Clerical Unit Agreement by assigning job duties of Police Administrative Aides and Senior PAAs to members of the Police Dept. although these duties are substantially different from the duties of police personnel.”

The ruling means civilian workers will replace approximately 3,500 full-time, able-bodied cops in desk jobs. Fully implementing the decision could save the city as much as $100 million per year and improve public safety by putting more police on the street.

The arbiter ordered the police commissioner to “immediately cease and desist” from using Police Officers in desk jobs and to “forthwith assign PAAs and SPAAs to perform these duties.”

Members: “key to success”
Members reacted with joy, said Alvin Carter, Local 1549’s PAA/SPAA chapter chair. “Everyone who was aware of the struggle we have gone through was very happy. It was a hallelujah chorus all over the place!”

Local 1549 President Eddie Rodriguez pressed on with the grievance when others thought victory was out of reach. “The members were the key to this success. They did the research and bravely testified in the arbitration hearings,” he said.
“This is a win-win victory for our members and city taxpayers,” said DC 37 Executive Director Lillian Roberts. “We went all-out to enforce the contract and our members’ right to these positions.”

In 2002, Ms. Roberts issued a White Paper urging the city to proceed with civilianizing NYPD desk jobs to save money and strengthen law enforcement and public safety.

Public education campaign
Assistant Clerical Division Director Ron Arnero filed the original grievance “because many members were raising the issue of Police Officers sitting next to them doing their jobs. They were begging for the union to do something.”

As the grievance wound its way through the system, “The members and stewards painstakingly provided information for the seven surveys we conducted to determine which clerical jobs were being performed by which uniformed personnel,” he said.

The local also organized public education campaigns. Members handed out fliers informing the taxpaying public about the savings possible through civilianization. While clerical salaries at the NYPD average $25,000 to $32,000, full-time Police Officers average between $60,000 and $70,000.

Staff, officers and members all testified in the arbitration. “It took tremendous courage to identify these Police Officers when our members had to continue working with them,” said Local 1549 Executive Vice President Lenora Gates. “The award delivers a clear message to all the uniformed agencies that they have to move ahead with the process of civilianization,” said Clerical Division Director Ronnie Harris.

The ruling sets the stage for the union to press similar cases in other uniformed agencies. “We will be aggressively delivering this message to the Fire, Corrections and Sanitation departments,” Mr. Harris said.

“I am so proud of our members who had the courage to come forward and bring this violation to the union’s attention,” said Attorney Audrey Browne, who handled the union’s litigation. “I think this case shows what the union can achieve when everyone works together and hangs in there,” she said.

Local 1549 President Rodriguez expressed confidence that the arbitration award would open up thousands of job opportunities for the members of Local 1549 in the Police Dept. as it saves the city millions of dollars. “Working together, nothing is impossible,” he said.