Public Employee Press

Arbiter tells human rights unit: City employees have rights, too

In October 2007, the New York City Commission on Human Rights quietly named someone to a newly created position to oversee its field offices.

As leaders and members of Amalgamated Professional Employees Local 154 inquired about the position, they smelled a rat.

They quickly discovered that the duties and responsibilities of the new position, executive director for field offices, mirrored those of an in-house position, executive director of the Community Relations Bureau.

For years, the long-time position had provided a promotional opportunity for the civil service workers represented by Local 154. What’s more, the citywide contract guaranteed the right of Local 154 members to apply for a promotion into the post.

“We felt it was very important to draw the line here,” said Local 154 President Juan Fernandez, who filed a grievance challenging management’s decision to create the new job while failing to post the long-time promotional position.

“The executive director of the Community Relations Bureau has always been a union position — the highest-paying job in our local,” Fernandez said. “We were alarmed that the commission had created a new nonunion position with the same responsibilities, in effect closing off a career path that had been open to our members for years.”

The matter went to arbitration, but in January the two sides reached a settlement. The commission agreed to post the old position in its offices around the city for at least five days, as required by the contract.

Throughout the grievance process, Fernandez got support from DC 37 Rep Marianela Santana of the Professional Division and Assistant General Counsel Dena Klein and Associate General Counsel Mary J. O’Connell of the DC 37 Legal Dept.

“The commission decided to just go ahead and fill the position without posting it, and that isn’t the way business is supposed to be done under the citywide contract,” O’Connell said.

“The issue wasn’t whether the person they appoint to the new position is qualified or not,” Klein said. “The point is that you have to comply with the collective bargaining law and the contract.”