Public Employee Press

Court victory for Local 1113 members
Disabled workers rehired

By DIANE S. WILLIAMS

In October, three years after the Dept. of Finance eliminated its Office Machine Aide title and laid off 39 disabled DC 37 members, the union and Local 1113 members signed a partial settlement that wins back their jobs with no loss of salary or seniority.

"I am overwhelmed by this victory," said Local 1113 President Deborah Pitts. "We fought a tyrant of a mayor and his crony commissioner — and now they are both gone and justice has prevailed."

The issue was resolved at the bargaining table during negotiations on the economic agreement, with DC 37 Executive Director Lillian Roberts, Associate Director Henry Garrido and Research and Negotiations Director Evelyn Seinfeld insisting on the reinstatement of the disabled workers.

DC 37 and Local 1113 filed a discrimination lawsuit against DOF in 2011 after the agency said it was eliminating the OMA title and laid off 39 workers who are paralyzed, hearing-impaired, speech-impaired, blind, or have chronic ailments.

"The layoffs were unconscionable," said Pitts. "It was hard for these disabled workers who had served this city for 10 or 20 years to understand why they were laid off when they have done everything right. The layoffs stripped them of the dignity they got from earning their own way." The union also battled Bloomberg administration layoffs that targeted disabled workers in the Health Dept. and Administration for Children's Services.

In Local 1113's case, the state courts' Appellate Division ruled unanimously that the layoffs probably represented illegal discrimination and reversed a lower court's rejection of the union's lawsuit.

Many of the disabled members began city service through vocational training programs for people with disabilities, and became civil servants through the state's 55-a training program, Gribben said. The agreement the laid-off Local 1113 members signed in October lets the city place them in clerical jobs at any mayoral agency.

"I liked my job so it really hurt to be laid off. It was not fair," said Mary George. "That's why I so appreciate that DC 37 fought to win my job back."

DC 37 lawyers Steve Sykes, Deena Mikhail and Jesse Gribben handled the cases.

"It feels great to know I have a job again," said Local 1113 member Karen Braithwaite. "I lost my mother and my job the same year, so it was tough on me. With prayer and courage to keep fighting, I am here and grateful to the union."