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PEP Dec 2007
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Public Employee Press

NYPD clericals win major arbitration

The New York Police Dept. violated the clerical contract by using Traffic Enforcement Agents for special assignments at offices and tow pounds, said an Oct. 12 ruling by an arbitrator.

The huge legal victory — with major implications for members of Clerical-Administrative Employees Local 1549 — took a decade to win.

Arbitrator Carlin Meyer issued a “cease and desist” directive to the NYPD to remove the TEAs who are doing the clerical work and “immediately begin assigning employees in appropriate clerical titles to perform such work.” She ordered the Police Dept. to finish removing the TEAs “as speedily as is reasonably possible and in no event later than six months.”

Over 200 known positions will have to be addressed and possibly many more, said DC 37 attorney Alan M. Brown, who handled the arbitration for the union.

“It was the members who won it,” Brown said. Clerical Associate Joyce Barnes, who at the time was working at the Brooklyn Tow Pound, was one of those members. She was the first witness, leading the way for the other Local 1549 members who testified.

The arbitrator praised Barnes and her fellow union members. “I was impressed with all the witnesses, not only in terms of their dedication to the job and the forthrightness of their testimony, but also in their goodwill and lack of combativeness during the proceeding,” wrote Meyer.

“I’m ecstatic,” said Barnes. “I felt a remarkable amount of pride after all this frustration.”

“This case was a definition of a win-win situation,” said Brown. “The members of Local 1549 win, because they will no longer be excluded from the jobs they are contractually entitled to. And the NYPD and the citizens of New York City win, because there will be more TEAs out on the street moving traffic. Before this, the only thing they were moving was paper.”

Assistant Clerical Division Director Ron Arnero organized and coordinated the campaign beginning in 1999. “We were able to win because members stepped up and did the right thing,” he said. “This was a team effort — and many people deserve credit for their roles.”

Members who, with many others, helped bring home the winning decision included Cashier Linda Hall, Senior Police Administrative Aide Marlene Mackenzie, Grievance Reps Rhonda Spaulding and Janine Thomas and Assistant Clerical Division Director Eddie Gates.

Joyce Barnes has been promoted and is no longer a member of District Council 37. “That’s the mark of a good union,” said Local 1549 President Eddie Rodriguez. “We encourage all our members to advance. Now, thanks to this victory, many members will be able to advance in their careers,” he said.

“Now these members won’t be chained to the window. They’ll have other options and won’t have to be subjected to the constant abuse of that position,” said Barnes.

 

 

 

 
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