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PEP Oct 2012
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Public Employee Press

Asst. Architect wins $8,000 arbitration
Winning justice is a struggle at NYPD

The quest for justice is at the heart of the mission of the New York Police Dept. But civilian employees in the paramilitary organization sometimes face personnel practices that are at odds with that mission - and then the union has to step in to win justice.

This summer, Assistant Architect Maurizio Morelli, received an $8,000 arbitration award to compensate him for the difference in pay between his title of Assistant Architect and the higher-paid title of Associate Project Manager Level 1, which was more appropriate for the work he was doing.

The principle is as important as the money to the Local 375 member, who spent over a year battling the department over his pay rate.

While Morelli's civilian supervisor basically acknowledged that he was doing out-of-title work, the uniformed higher-ups refused to budge despite convincing evidence of his out-of-title work. So the case needlessly wound up in costly, time-consuming arbitration, where an impartial arbitrator ruled that Morelli's work was more like that of APMs than Assistant Architects, who are subject to greater supervision.

Morelli filed the grievance in January 2011 after growing frustrated over the lack of respect and recognition. "I had had enough because they kept stringing me along, but the promotions weren't coming," he said.

And the department still hasn't applied the increase to his night-shift differential, longevity and recurring increment payments.

Local 375 President Michael Rosenberg, who was a vice president and grievance rep when the grievance was filed, handled the case until it reached arbitration. DC 37 Assistant General Counsel Jesse Gribben represented Morelli in the arbitration and is now working with Business Rep Uma Kutwal on the continuing pay dispute.

Though frustrated over the ongoing dispute, Morelli said he was otherwise content with the outcome. He plans to use his award to help pay for his wedding next June.

"DC 37 and the local have been fighting hard on this," Morelli said. Now a local delegate, he said the battle has led him to get more active in the union.

Sometimes employers promote grievants in out-of-title cases. But with little hope for justice at the NYPD, Morelli said his likely path to promotion would be by obtaining his architect's license or getting hired from a civil service list.

"Dealing with the NYPD is sometimes disillusioning for our members, because the uniformed officers can be disrespectful of professional workers," Rosenberg said. "I wish everyone had Maurizio's drive and willingness to put himself on the line."

"I have been a fighter my whole life," Morelli said. "I did this for respect and the recognition of my talents as a designer and construction manager."




 
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