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Public Employee Press
Union to appeal decision in WEP case
DC 37 will appeal two recent New York State Supreme Court
decisions on union lawsuits against the citys misuse of the Work
Experience Program.
In an extremely narrow interpretation of the state Social Services Law,
a judge concluded that District Council 37 failed to prove the city violated
anti-displacement provisions when it assigned WEP workers to do municipal
workers jobs.
While welfare recipients have worked in city agencies for decades, WEP
workers began flooding city agencies during the Giuliani administration.
In 1997, state legislation was passed that contained broader anti-displacement
language. The union argued that the new law barred the city from using
WEP workers in entry-level maintenance and clerical jobs where they replace
union workers.
As DC 37 members retired or were laid off, job vacancies were filled by
WEPs instead of new employees. In 1999, DC 37 and Locals 372, 983, 1505
and 1549 filed lawsuits seeking court orders to stop the city from using
WEPs to do members jobs in the Parks and Sanitation departments
and HRA.
The case wended its way through the courts and in November a State Supreme
Court judge ruled against the union on the basis that DC 37 had not proved
each individual case of displacement.
We will seek to persuade the higher courts that the state Social
Service Law does not allow the city to undermine its regular workforce
and the unions that represent these employees, said DC 37 attorney
Mary OConnell.
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