Public Employee Press

Union stops NYPD from forced rehab of members

They tried to make them go to rehab but the union said, "No, no, no!"

DC 37 won an injunction against the New York Police Dept. to stop NYPD Counseling Services Unit's unlawful forcing of a civilian employee into rehabilitation for perceived alcoholism.

"The member didn't drink on the job nor was it proven that their perceived drinking affected their job performance - there was no sobriety test," said DC 37 General Counsel Robin Roach.

The member was afraid he would lose his job, income and health benefits. A Police Officer in that unit coerced the worker to sign an agreement to submit to psychological evaluations, counseling and in-patient alcohol rehabilitation - or face termination. After interrogation the NYPD immediately escorted the DC 37 member to rehab more than 90 miles outside the city.

DC 37 Associate General Counsel Steven Sykes sought the injunction against NYPD's unconscionable practice because the civilian employee was not afforded the right to due process under Sections 75 and 72 of the Civil Service Law. In February the union settled this case. NYPD paid the member $75,000 in back wages.

The union also filed a lawsuit on behalf of two clerical employees of the NYPD who were also forced to attend alcohol treatment. That case is still pending in state court.

"These NYPD employees did not have union representation at these meetings with NYPD counselors and management. There was never an allegation of on-duty misconduct, nor were they found unfit for duty," said Sykes. "These members had no DWIs, were never cited for fights at work, for drinking on the job, and no Supervisor ever said they could not perform their duties because of alcoholism."

"Members who believe their employer is attempting to force or coerce them into substance abuse treatment should contact DC 37, the local president, rep or chapter chair immediately," Sykes said.

— DSW