Public Employee Press

Arbiter supports layoff rules

An arbitrator's ruling that had no immediate impact when it was issued in August could be very important in fighting future layoffs, say DC 37 attorneys.

The Aug. 25 decision said the Health Dept. had violated the contract when it failed to "meet and confer" with the union to discuss alternatives to the layoffs of 63 Pest Control Aides that hit in May 2010.

"This decision did not restore our members' jobs, but it lays a foundation for preventing layoffs in the future for all city workers," said Fitz Reid, the president of Health Services Employees Local 768.

Professional Division Grievance Rep Cynthia Keyes Padilla filed the grievance over the agency's violation of the contract's layoff procedures, asking that all layoffs be rescinded. When management denied the grievance, the union took the case to impartial arbitration, with Assistant General Counsel Jesse Gribben representing the union in the arbitration hearings.

The arbiter ordered the city to comply with the contractual layoff provisions "should future layoff situations occur."

The ruling said the city must "conduct meaningful deliberations" with the union representing any titles being affected by layoffs and "consider all feasible alternatives, including the elimination and reduction of work performed by outside contractors."