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Public Employee Press
BCB slaps city on merit pay
District Council 37 and two locals
recently won another decision against the citys improper use of
merit pay.
The Board of Collective Bargaining sided with DC 37, Clerical Administrative
Local 1549 and Social Service Employees Union Local 371 when it determined
in November that the Human Resources Administration violated the law when
it doled out merit raises to Medicaid workers who handle AIDS cases without
negotiating with the unions.
Attorneys for the city contended that the pay increases were justified
because they fell within the salary range of the job titles and claimed
that within the range, how much to pay employees is managements
prerogative.
DC 37 lawyers maintained the agency did not establish criteria for the
increases, and used them as a divisive, union-busting tool to fuel discord
between workers.
In April, DC 37 lawyer Kim Hsueh filed an improper practice claim with
BCB and sought an injunction from the New York State Supreme Court to
halt HRAs egregious violation of labor law. Local 371
attorneys filed a similar claim. The Supreme Court judge convinced HRA
to agree to stop giving the merit raises pending the boards decision.
The BCB ruled that the merit increases violated the collective bargaining
law and that the procedure and criteria for such salary increases must
be negotiated with the union representing the employees involved. While
the ruling did not rescind the pay hikes, it put HRA on notice that if
it gave improper merit raises again, the agency would be ordered to recoup
the monies from employees.
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