Public Employee Press

Grievance Victories
Court orders NYPD to reinstate 911 Operator

State Supreme Court Justice Joan Lobis ordered the Police Dept. to rescind the resignation of a Local 1549 Police Communications Tech after DC 37 proved the agency had denied the civil servant her guaranteed due process rights.

The court also upheld her right under Section 78 to receive a full hearing to appeal disciplinary charges after NYPD wrongfully forced the Local 1549 member to resign due to a medical condition and subsequent absences.

Chrishauna Wilson was at a child's birthday party in October 2010 when a sudden seizure landed her in the hospital. Twenty-three days later the PCT had another seizure.

"It was horrific. My job is to help people but I found myself being the one needing help," said Wilson, a PCT since 2006. "The seizures were sudden and unpredictable, I never had them before. But I still have to work. I have my son to feed and take care of."

Wilson continued working her assigned shifts and the mandatory overtime that came with being a 911 Operator and first responder. Her doctor advised her to limit overtime to four hours a day from the required eight.

While on prescribed meds, Wilson continued to have seizures once or twice a month, she said. Despite medical documentation, NYPD supervisors gave Wilson negative evaluations for excessive absenteeism. Eventually in December 2012, Ms. Wilson's doctor advised her to request a medical leave of absence, which NYPD granted. 

With no worker's compensation or disability income, Wilson said, "I'm grateful I have family and my son's father who helped keep a roof over our heads and food on the table."

In December 2013, NYPD informed Wilson she would be terminated under Section 73. Wilson's doctor said she could return to work without restrictions Dec. 16, 2013. But NYPD had their doctors evaluate Wilson on Dec. 19, and they determined she was unfit to return to work.

A week later the NYPD Military and Extended Leave Desk called and informed Wilson her only choices were to take a medical resignation or be terminated.

The misinformation violated civil service rights and snowballed: Wilson had never received a written copy of the NYPD medical evaluation nor had she submitted a written resignation, but NYPD processed a resignation that snatched away Wilson's livelihood.

"I was devastated. My coworker suggested I call the union," Wilson said. Local 1549 Grievance Reps Rhonda Spaulding and Diana Marenfeld filed a grievance on Wilson's behalf. DC 37 attorney Meaghean Murphy took the grievance to arbitration to challenge the agency's failure to offer Ms. Wilson alternative duties that she could perform, as required by the Citywide Agreement. Ms. Murphy also filed an Article 78 petition to challenge the civil service due process violations.

DC 37 argued that NYPD failed to provide Wilson written notice and a chance to contest the determination in violation of Section 72; failed to grant Wilson a hearing, in violation of Section 72.5, and should have reinstated Wilson pending a hearing and final determination.

In January, the court found "both parties were under mutual mistake of fact" and ruled NYPD's actions "null and void." It ordered NYPD to reinstate Wilson with back pay and benefits and hold a hearing on her fitness for work.

"I would never give up my job knowingly; I really like being a PCT," said Wilson. "I am so grateful to my union; they cleared up a lot of misinformation and gave me confidence that I can get my job back."

"This decision sends a message to public employers that they must respect the procedural and substantive due process rights of civil servants, who have the right to take necessary medical leave and not face termination," Murphy said.

"This member's rights were protected thanks to the due diligence of the Clerical Division staff and DC 37 Legal Department," said President Eddie Rodriguez. "Members' should always consult with a union representative before resigning from the job."