Public Employee Press

Heavy-duty drivers win pay differential

25 Local 983 members share in back pay award totaling $300,000

Local 983’s out-of-title grievance for two Associate Parks Service Workers who handle heavy-duty equipment snowballed into more than $300,000 in back pay and $12,000-a-year differentials for 25 APSWs who drive construction equipment.

“We called in a construction industry expert to cinch the out-of-title case,” said Mark Rosenthal, president of the Motor Vehicle Operators local.

Previously, Local 983 grieved and twice lost this case on driving the equipment, which is named in their contract. “To win the case we stressed the work these members accomplished with the equipment, which is usually operated by higher-paid workers,” he said.

For more than a decade, Parks Dept. managers had used skilled APSWs for major construction projects on the stretch of public parks, beaches and conservation marshes along Brooklyn’s Belt Parkway. They also built roads, ramps, parking lots and barriers. APSW Joseph Morreale spent about 90 percent of his workday operating front-end loaders, cleat tractors, backhoes and bulldozers.

And he was not alone. About 25 APSWs used high-powered vehicles to excavate for curbs and roadways, build baseball diamonds, clear debris, and demolish old, dilapidated buildings for capital improvements. They even removed illegally dumped cars and boats, and graded beaches to prevent erosion. “But my paycheck didn’t reflect the skills I used to operate that equipment,” Morreale said.
“Morreale was one of the most persistent members I have ever dealt with,” said Rosenthal. “He never gave up until he got justice.”

Local 983 and DC 37 brought the case before an impartial arbitrator, who in November awarded Morreale more than $55,000 in back pay for five years of out-of-title work.

DC 37 lawyer Mary O’Connell, Local 983 lawyer Stuart Lichten, Blue Collar Division Council Rep Tony Mammalello and Mr. Rosenthal handled the case and included all the APSWs driving the heavy-duty gear in the settlement.

Now the Parks Dept. will pay the 25 members an assignment differential of $6,649 annually on top of their equipment-based daily payment under the DC 37 Blue Collar Unit Contract, bringing their total extra payment to $12,000 a year.

“From day one the agency needed the work done. They took advantage of the APSWs, but would not hire workers in the higher paying positions such as Motor Grader Operator and Construction Laborer,” Mammalello said.

“It’s good that these Local 983 members were so persistent,” said Mary O’Connell. “These APSWs perform diverse duties that require a great amount of skill and expertise. It is only fair that they be compensated appropriately for their work.”

— Diane S. Williams