Public Employee Press

Arbitration brings $20,000 to four Loaders and Handlers

DC 37 won a grievance and $20,000 for four Loaders and Handlers who are members of Local 372.

The grievance filed on behalf of the members in August 2010 charged that the Dept. of Education violated section 11 of the collective bargaining agreement, which requires the employer to provide advance notice of its intention to enter into a contract with an outside agency and provide information so that the union can make a counterproposal. The union argued that the DOE made no effort to comply with the requirement and failed to consider the union's many counterproposals.

The DOE's new contract with a private trucking company began in the summer of 2010 and resulted in the demotion of the four Loaders and Handlers to their previous positions working in the school cafeteria and at a lower salary.

The union's legal team, represented by Assistant General Counsel Meaghean Murphy, took the case to arbitration.

On Sept. 21, the arbitrator awarded the four members $20,000. In addition the DOE agreed to extend the current Loader and Handler layoff recall list, which expired on July 8, 2012, by two years; fill upcoming Loader and Handler vacancies resulting from retirements at the end of the year, in accordance with the collective bargaining agreement; and to make a best effort to restore the four members to their positions as vacancies arise.

"I appreciate the hard work the union did for us," said Jesse Naiming, who hopes to return to his Loader and Handler job.

"This decision sends a message to the DOE that such blatant acts of disregard for the collective bargaining agreement will not be tolerated and they will have to pay," said Murphy.