By ALFREDO ALVARADO

With a new lawsuit filed in March, District Council 37 has intensified its legal efforts to reverse the early January layoffs of more than 300 members from the Dept. of Education.

In court actions filed earlier against the DOE and the city, the union has challenged the layoffs and the agency’s employment practices and contracting-out policy.

The pink slips went mostly to Clerical Associates and Secretaries in Board of Education Clerical Administrative Employees Local 1251, and also to members of New York City Electronic Data Processing Personnel Local 2627 and Accountants Local 1407.

The latest suit was filed by DC 37 Executive Director Lillian Roberts, Local 1251 President Carolyn Harper, Local 2627 President and DC 37 Secretary Edward Hysyk, Local 1407 President Maf Misbah Uddin and a group of laid off members. The members were provisional employees whose names were on civil service list when they were laid off, while other provisionals, who never passed civil service tests, were retained.

One was Computer Associate Darrell L. Turner. Mr. Turner worked at the DOE since 1987. He had passed at least 13 open competitive civil service examinations for various titles but was never offered a permanent appointment.

Article V, Section 6 of the New York State Constitution requires that civil service positions be filled on the basis of merit and fitness, determined by competitive exams whenever practicable. The union suit charges that DOE violated this provision by terminating employees on lists while keeping “purely provisional employees in the same titles who are not eligible for permanent employment because they have not passed examinations for such titles.”

In suits filed earlier, the union challenged DOE’s practice of using contract workers instead of civil servants, the agency’s use of Work Experience Program participants to displace employees, and its failure to follow appropriate layoff procedures. Another suit pointed out the failure of the School Construction Authority to meet statutory requirements that SCA employees must perform 40 percent of design work in-house.

Currently being prepared are two more suits, which will attack the use of contract workers and WEPs in clerical, custodial and professional positions in mayoral agencies.

“We believe the city’s labor practices violate the state constitution and statutes,” said DC 37 General Counsel Joel P. Giller. “The union has made a strong case against the layoffs across the bargaining table and in its white papers. Unfortunately, the city has failed to respond. We hope these lawsuits will help refocus the city’s attention.”