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PEP Feb 2010
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Public Employee Press

Part 2 in a series on jobs and unemployment

Back on the job


Several Local 1501 members have returned to work at the city’s zoos and aquarium thanks to union action and contractual protections.

By GREGORY N. HEIRES

Several of the 48 Local 1501 members laid off last year at the Bronx Zoo and New York Aquarium are back at work.

“These members were wrongfully terminated and we’re happy that the Wildlife Conservation Society listened to reason and offered them the chance to go back to work,” DC 37 Executive Director Lillian Roberts said.

The workers returned after an aggressive fight-back campaign by the union that involved a petition drive, tough negotiations, media outreach — including a YouTube video about the layoffs — grievances, arbitration and legal action. Some benefited from a union contract provision that gives hiring preference to laid-off employees.

“It got very hard,” said Bill Sheehan, a Supervising Maintainer at the aquarium, after seven months of scratching by on unemployment insurance. “I had to tap my retirement fund to pay my rent and bills.”

In his 60s, Sheehan had no luck finding work.

Throughout the painful ordeal, he kept in close touch with the union, including Director Mike Riggio, Assistant Director Chris Wilgenkamp and Rep Wendell Reid of the DC 37 White Collar Division, who provided moral support as the fight-back battle raged.

Together with Local 1501 members James Musano, Jim Lo and Mildonia Nuñez, Sheehan was part of a grievance and arbitration case handled by the White Collar Division and by Assistant General Counsel Meaghean Murphy of the DC 37 Legal Dept. against the WCS.

Astonishingly, Lo was laid off after working full-time for 26 years at the Bronx Zoo. He used to work at the zoo’s store, but now he is in the Animal Commissary Dept., which provides food for the lions, birds, elephants, gorillas and other residents.

Scraping by

Like Sheehan, Lo felt the pain and frustration of being out of work during the Great Recession with its unemployment rate of 10 percent, the highest in a generation. “I had to go into my savings account for emergencies,” he said.

The few prospective employers who called Lo back blew him off after figuring out his age from his high school and college graduation dates.

Besides filing the arbitration for the four workers, Murphy also filed an unfair labor practice petition at the National Labor Relations Board, charging that the WCS failed to negotiate with the union about the layoffs and did not provide the union information that could have helped find alternatives to the firings.

As a result of the negotiations prompted by the arbitration and the unfair labor practice charges, the Society backed down and met with the union about the layoffs. The WCS agreed to bring back the four workers, restore their holiday credit, sick time and accumulated vacation and sick time; and reimburse Lo $2,000 for the medical expenses he incurred while he was out. Management also agreed to restore the salary of Electrician Anthony Laino, whose pay was cut as the WCS reshuffled workers because of the layoffs.

In the settlement, Director Dennis Sullivan of the DC 37 Research and Negotiations Dept. headed talks that led to a new agreement on layoffs. The Society must now notify the union 30 days before it schedules layoffs, inform affected workers two weeks before the layoff date, provide information about its rationale for terminations and explore alternatives with the union.

The fight-back continues

Meanwhile, the union is continuing to press the Wildlife Conservation Society to bring back more workers.

“We’re not backing down,” said Riggio, noting that the union has grievances pending on a number of issues, including seniority violations, wrongful cuts in the salaries of demoted workers and failure to follow recall procedures properly.

“When they carried out those layoffs, it was my worst experience as president,” Local 1501 President Robert Herkommer said. “But one of my greatest joys has been letting people know they have their job back. And I hope our continuing work will let me make more of those calls.”

Said Sheehan, “I wouldn’t be back without the work of the union and the hand of God.”

 

 
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