Public Employee Press

Comp time for Local 1070 drug court Caseworkers

DC 37 Local 1070 settled a group grievance and improper practice charge that gives comp time to seven Caseworkers at the Manhattan Drug Treatment Court for overtime worked without pay for two years.

"The settlement is a victory that makes the state court system recognize its obligation to compensate these employees' for their dedication and hard work," said Local 1070 President Fausto Sabatino.

The union and the Office of Court Administration did not go to arbitration but instead devised a formula to give Caseworkers compensatory time in their leave banks for working past their shift without compensation to reduce their backlog of cases and reports.

"High caseloads and staffing shortages caused by layoffs in the court system in 2011 contributed to this problem," Sabatino said.

Caseworkers and Resource Coordinators in Court, County and Department of Probation Employees Local 1070 monitor defendants in drug-related criminal cases who get a second chance through alternative sentencing, probation and rehabilitation rather than incarceration. They play a vital role in the function and operation of the court system and see that defendants comply with probation requirements.

In the summer of 2011, OCA laid off 99 vital Local 1070 members who turn the wheels of justice in New York City's courts. "Pressured by the glut of cases and deadlines," DC 37's Chris Wilgenkamp explained, "Caseworkers reported for work as early as 7 a.m., swiped in at 9 a.m., worked until 5 p.m. and swiped out - but continued working on cases until 7 p.m. or later.

"Caseworkers clocked in an 8-hour work day but actually worked 12 hours or longer," he said. This went on until seven dedicated Caseworkers raised the issue and asked Local 1070 for help.

Wilgenkamp, formerly an assistant director in the White Collar Division, worked with DC 37 attorney Erica Gray-Nelson to file a group grievance for overtime compensation.

The union met with OCA, but the agency delayed handing over their timekeeping records, so DC 37 filed an improper practice charge. The union pressed OCA for computer logs that gave accurate records of Caseworkers' time.

"The stipulation the Caseworkers signed in September," Gray-Nelson said, "adds comp time to each member's leave bank. It was a good outcome for them."

— Diane S. Williams