Provisional employees, who serve at the will of management, are a perennial problem for civil service workers. A provisional is an employee appointed into a competitive position by management without having taken a competitive exam.

Civil Service Law states that an employee can serve no more than nine months in provisional status. But management violates this law on a regular basis. Over the years, the union has fought back through legislation, bargaining and court actions.

In this tradition, DC 37 filed a lawsuit in March with the State Supreme Court to remove provisional Principal Administrative Associates and appoint members waiting on civil service lists.

"When we started out," said Clerical Division Director Ronnie Harris, "there were 1,317 people remaining on the list in the Human Resources Administration, while there were 547 holding Provisional Principal Administrative Associate titles. This is a violation of Civil Service Law."

When management informed Mr. Harris that they had no intention of moving the lists, he took immediate action. "I told them we would be taking them to court. It is our job to make sure that the agencies follow the law and to ensure the integrity of the civil service system," he said.

Beyond HRA

Union attorney Alan Brown filed the suit on behalf of DC 37 Executive Director Lillian Roberts, Local 1549 President Eddie Rodriguez, Local 1070 President Clifford Koppelman, Local 1251 President Carolyn Harper, Gladys Owusu-Safo, Jacques Hall and others.

Mr. Rodriguez worked to expand the legal action beyond HRA, the original target. "We're protecting the rights of civil service employees to better themselves in their professions," he said.

"If it means going to court, then we'll go to court," he continued. "We are not going to let management put up a wall to block our members' rights."

After the case was settled June 14, management moved the lists in HRA, Housing Preservation and Development and other city agencies. In HPD on April 19, there were 61 people on the PAA list and there were 36 serving provisionally as PAAs. By October, the balance of the list in HPD was exhausted.

HRA - the largest agency affected by the settlement - called the PAA list three times. Now all provisional PAAs have been removed.

Other agencies affected include the Taxi and Limousine Commission and the Depts. of Education, Parks and Recreation