An impartial arbitrator recently rejected a city attempt to throw out the union’s case against the New York City Police Dept. for using uniformed officers in clerical/ administrative workers’ jobs.

The Jan. 11 decision kept alive the arbitration case, which is part of the union’s drive to replace police officers doing non-enforcement duty with civilian employees.

The grievance before arbitrator Maurice Benewitz aims to prove that assigning uniformed officers to desk duty violates Local 1549’s contract. After Mr. Benewitz rebuffed the city’s motion to dismiss the case based on earlier arbitration rulings, the union began presenting testimony and evidence. Hearings were held Jan. 24 and 25 and were to resume March 1.

“If this arbitration is successful, it could open up entry level positions and promotional opportunities,” said Lenora Gates, who chairs the local’s 3,000-member Police Administrative Aide/Senior Police Administrative Aide Chapter.

The arbitration is based on a unique clause in the Clerical-Administrative contract allowing the local to grieve ?“reverse out-of-title” work when employees in other job titles perform members’ duties. “From a legal perspective, our contract is clear: Only police officers on restricted duty are allowed to be assigned to our members’ duties,” said Audrey A. Browne, DC 37 assistant general counsel. “Instead, the PD assigns able-bodied ?officers to clerical-administrative work.”

Rank-and-file members of the PAA/SPAA Chapter have aided the case by identifying police officers that are performing clerical or administrative tasks. The chapter is now updating this roster.

The arbitration is part of a broad effort by District Council 37 to press for greater civilianization of uniformed agencies.

In the Police Dept., full-duty officers of all ranks perform non-enforcement duties in clerical/administrative, computer, laborer and other positions at considerable extra expense to the taxpayers. A study by the Comptroller’s Office estimated that $36 million could be saved each year by assigning this work to civilians and releasing police officers for enforcement work.

Meanwhile, on Feb. 8 as PEP went to press, the Police Dept. confirmed that 92 police officers of various ranks that were assigned to non-enforcement jobs had been ordered back onto patrol or into specialty units.