Public Employee Press

Calendar Clerk wins $12,000 in back pay

An impartial arbitrator recently awarded Bronx Dept. of Probation Calendar Clerk Betty Koon nearly $12,000 in back pay for work that went beyond her duties as a Clerical Associate 2.

Koon's basic work was processing probation violations, but starting in 2008 management also assigned her to prepare court papers, train other clerks, notify probationers of court appearances and review files for errors that could create scheduling problems in the courts.

"DOP is seriously understaffed because of layoffs and the mayor's hiring freeze," said Local 1070 Vice President Fausto Sabatino. "The department has reduced clerical staff, our members, by almost 50 percent and the remaining workers carry the whole operation to desperately try to keep the agency functioning."

When Koon asked for an upgrade, her supervisor wrote a glowing recommendation in 2009 and gave Koon a high performance rating in 2010.

When DOP failed to promote her, Koon went to DC 37 where White Collar Division Associate Director Chris Wilgenkamp and Grievance Rep Michelle Lumpkin helped her file an out-of-title-work grievance.

DC 37 Assistant General Counsel Erica Gray-Nelson presented the case in arbitration, where the supervisor claimed Koon really only performed CA Level 1 work. But her reversal did not convince the arbitrator, who based the decision on the original recommendation, ordered DOP to end Koon's extra duties and awarded her the difference in pay between the two jobs for her three and a half years of out-of-title work. In June, DOP reassigned Koon."This case took a while to be heard, but Betty stood her ground and was justly rewarded with a decision in her favor,"said Wilgenkamp.

"The union did a great job," Koon said. "Ms. Gray-Nelson and Chris stood with me every step of the way, even when things got rough. If you think you are doing work that goes beyond your job, you probably are. Go to the union, don't wait."

"We feel very good about this victory," said Local 1070 President Cliff Koppelman. "Betty Koon is a hard-working employee - dedicated to her job, the agency, her community and the union."

—DSW