Public Employee Press

Grievance wins upgrades and back pay for 57 clerical workers at Coney Island Hospital

A group out-of-title grievance filed by Local 1549 member Ana Luciano recently won upgrades and retroactive cash for 57 Clerical Associates.

"I found out that all the other Coney Island Hospital Ward Clerks were Level IIIs while we were Level IIs," Luciano said. The others had been upgraded to Level III in 2008, when the union won an arbitration for them.

"It was clear that we were working out of title, so I filed the grievance," Luciano said.

"Management was really stubborn, but we didn't rest until these members got what they deserved. This is a big victory for us," said Grievance Rep Marcel Burke, who pressed the case.

DC 37 staff attorney Thomas Cooke handled the arbitration, using the 2008 precedent and showing that the Ward Clerks merited the higher title because they perform many tasks beyond the CA II duties and must use more independent judgment. "It is always good to see members and the union persist and not let the employer avoid its obligation under the contract," Cooke said.

Arbitrator Richard C. Gwin ruled Aug. 5 that the workers deserved the upgrade; he awarded each grievant the difference between the salary they received and the CA III rate back to the date that the grievance was filed. Luciano is especially pleased that even part-timers got the upgrade.

"These members deserve it," said Chief Shop Steward Huberta Raper. "I'm glad they came together to achieve this victory."

Local 1549 President Eddie Rodriguez applauded the workers' determination. "Despite the tough economic times, a strong grievance compelled the agency to pay our members what they are entitled
to," he said.

Assistant Clerical Division Director Renee Gainer was part of the team that achieved the victory. "It was a long time coming and well deserved by the members," she said.