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PEP March 2001
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Public Employee Press

Local 1505 sweeps Parks witch hunt

BY DIANE S. WILLIAMS

City Parks Worker Tuk Pui Wong had a special reason to celebrate the year of the snake this Chinese New Year.

For the first time since the Parks and Recreation Dept. fired him more than 14 months ago, he will be reporting to work in Brooklyn’s Lincoln Terrace Park.

“I feel like I won the Lotto,” said the 15-year veteran worker after the union convinced an arbitrator to order him reinstated. “Fighting the city is not easy, but DC 37 never gave up on me.”

Besides an immediate reinstatement, the Local 1505 member will receive 14 months’ back pay, and the agency must restore his full benefits and seniority.

With enthusiasm tempered by loss, Mr. Wong reflected on how much his life has changed since 1999. When a few park patrons claimed his friendliness toward children in the playground was malevolent, management charged him with “inappropriate behavior.” Mr. Wong received a written reprimand and a $300 fine. Then he was fired.

“Trumped up” charges
Local 1505 President Michael Hood, who regularly attends such hearings, called it a case of “interrogation without investigation.” He said, “The agency fired a loyal worker based on frivolous hearsay and trumped up charges.”

After an informal conference and a Step 2 hearing, Mr. Wong was ousted. But the union stuck with the case and finally won before an impartial arbitrator.

“Labor relations have deteriorated,” Mr. Hood added. He sees the department’s actions as a way of cutting the payroll without City Council approval.

In 1999, the mayor’s fiscal plan aimed two major blows against Local 1505 members. It called for a four-month “redeployment of 200 full-time CPWs to other agencies” and cut 55 full-time jobs to “9-month seasonal positions.” The union, Mr. Hood said, is fighting at least four similar cases.

Justice delayed
“Any reasonable person could see this case was full of holes,” said DC 37 Rep Anthony Mammalello, “but it took 14 months too long for justice to come to a man with a family to support.”

Mr. Wong paid dearly for what some say was a biased attack on his character. Life for his family turned upside down. Unemployed, he had to sell his Park Slope co-op and move his wife and daughters to a cramped Flatbush apartment.

“Once you’re fired from the city, that’s it. Your work history is destroyed. And employers don’t hire older people,” said 58-year-old Mr. Wong.

If I didn’t believe I was right, I would be sad about my case,” Mr. Wong said. “But I knew I did nothing wrong.”

“The agency wanted to get rid of him,” said Mr. Mammalello. “They railroaded him with unsubstantiated charges and were outrageously arrogant.”

One department witness failed to testify in person and others backed out completely. Surveillance and other witnesses showed that Mr. Wong carried out his duties appropriately and even went beyond his job description.

The arbitrator ruled that the agency had based its position on “uncorroborated hearsay from anonymous accusers.”

“I can only describe what happened as a witch hunt,” Mr. Hood said. “This is a major victory for our local. It sends a message that the union will fight back.”

 
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