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PEP Jan 2002
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Public Employee Press

Local 1549 member wins $9,000 back pay

Clerical-Administrative Local 1549 member Gloria DaCruz was awarded over $9,000 in back pay after an arbitrator ruled she was performing the work of a higher-paid title.

Her case, which arose as the Office of Facility Operations in the Human Resources Administration steadily increased her duties, beginning in 1996.

Ms. DaCruz began working for HRA in 1992 as an Office Aide Typist (later Secretary I) in the Building Custodial Services director’s office. At the time, she was one of three clerical-administrative staffers. But when the other two were transferred out in 1996, she was assigned to handle the work of the higher-level Secretary IV title in a department that oversees close to 200 custodians citywide.

Ms. DaCruz logged heat and air conditioning complaints, handled time-and-leave paperwork, distributed checks, maintained the director’s calendar and carried out other confidential secretarial duties.

“For years, the employer promised her a pay increase,” said Local 1549 Grievance Rep Alpine James. “At one point, they even had her fill out a promotional package, but it never went anywhere.”

Tired of empty promises, Ms. DaCruz called the union. On Oct. 16, 1998, she filed an out-of-title grievance and stuck with it through all the steps to arbitration, where she was represented by DC 37 Associate General Counsel Eddie M. Demmings.

“When you know you’re right, you have to fight for what’s right,” she said. The result was a big win: more than two years’ back pay retroactive to the date of her grievance. And the higher pay will continue for as long as she performs Secretary IV duties.

Ms. DaCruz advises members who believe they are working out-of-title to discuss it with the union as soon as possible. “I lost two-and-a-half years that I could have gotten higher pay for if I’d gone to the union sooner,” she said.

 

 
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