Public Employee Press

DOT tree workers win pay fight

An arbitrator awards DOT Climbers up to $10,000 each

An impartial arbitrator awarded six Dept. of Transportation tree workers between $6,000 and $10,000 each - the difference between the reduced starting rate DOT paid them in their first two years and the higher incumbent salary rate the Parks Dept. pays its Climbers and Pruners.

"The Climber and Pruner title is considered hard to recruit," said Local 1506 President John Huber. "For this reason the union was able to negotiate the higher rate for them in the 2005 Economic Agreement. We strongly believe that the pay rate applies across the board regardless of the agency, which is why we fought DOT and why the arbitrator ruled in our favor."

In 2008 when it came to light that DOT was paying the Climbers and Pruners 15 percent less than the Parks Dept., Blue Collar Council Rep Bob Gervasi filed a grievance.

The DC 37 Legal Dept. brought the case before an arbitrator, who said the crux of the dispute was whether the "hard to recruit" designation applies to an entire title citywide. The city claimed that the designation could be determined by agencies. The arbitrator upheld the union's position that the designation and the negotiated pay rate applied to the title in all agencies. He ordered DOT to pay up.

When the DOT ignored the arbitrator's order to pay the six Climbers and Pruners the higher incumbent rate, DC 37 went to state court and got an order confirming the arbitrator's decision, said DC 37 attorney Jesse Gribben.

"DOT clearly violated the contract and then jerked these members around by dragging its feet about paying them," Gervasi said.

In February, thanks to the union's persistence, the DOT Climbers and Pruners got their back pay. "The case dragged on for four years but we finally won pay equity for the members," Huber said.