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Impartial board upholds workers’ right to union protection

NYPD violated a Local 1549 member’s Weingarten rights, which guarantees union representation at a meeting that could lead to disciplinary action.

The impartial Board of Collective Bargaining gave DC 37 and Local 1549 Shop Steward Lauretta Humphrey a partial but very important victory in January when it ruled that the New York Police Dept. violated her rights by denying her request for union representation at a meeting with supervisors that led to a suspension.

In response to DC 37’s Improper Practice charges, the board ordered the NYPD to stop “interfering with employees’ right to union representation in investigatory interviews that they reasonably believe may lead to discipline.” BCB also ordered the department to post notices declaring its violation of the Weingarten rights in the city Collective Bargaining Law.

“This is an important victory for our members,” said Local 1549 President Eddie Rodriguez. “It tells the NYPD that these rights cannot be ignored.” Weingarten rights are triggered when employees have a reasonable belief at the time of questioning that they could be disciplined.

Safeguard rights

In explaining the rights, DC 37 attorney Meaghean Murphy cited U.S. Supreme Court Justice William J. Brennan Jr., who wrote: “Weingarten rights safeguard the interests of the individual as well as the interests of the entire bargaining unit” by making certain that the employer does not impose punishment unjustly.

DC 37 also charged that NYPD retaliated against the Police Administrative Aide for attending a May 8, 2008, union meeting. A Lieutenant had confronted Humphrey in a heated exchange, and threatened her with an evaluation and reassignment.

The next day the supervisor asked Humphrey whether she followed proper procedures when requesting leave to attend the meeting. Minutes later, without explanation, she called Humphrey into her office where another Lieutenant was waiting. The two began questioning Humphrey, who feared the worst and asked for union representation, which they denied.

When Humphrey refused to answer questions without union representation, the supervisors confiscated her ID card, slapped her with a 30-day suspension and charged her with insubordination for invoking her rights and discourtesy to an officer.

Balance of power

DC 37 attorney Meaghean Murphy argued the case. “Weingarten was designed to eliminate the perceived imbalance of power when a lone employee is forced to attend an investigatory interview.”

“It was their word against mine, so I contacted the union,” said Humphrey, who denies all the charges. “The DC 37 attorney made me feel confident and made management’s violation crystal clear. I had no reason to feel intimidated.”

The union filed the Improper Practice charges to vindicate Humphrey and win an affirmation from OCB that the right to engage in protected union activity is the foundation of labor relations for public employees, Murphy explained.

“My co-worker Kesia Arvin was brave enough to testify on my behalf. A lot of times co-workers are afraid to stand up, especially in the Police Department, but in this case she realized the power she possessed because of the union contract,” Humphrey said.

BCB ordered NYPD to expunge the disciplinary charges stemming from Humphrey’s demand for her rights from her file. The decision recognized that “prior confrontations between an employee and her supervisors can support a finding that the employee’s belief that questioning could lead to discipline was reasonable.”

The union will take other charges the officer trumped up against Humphrey to arbitration.

“The victory is partial, but I am going for the full Monty,” Humphrey said. “People lose out by not knowing their rights and the union contract. This decision proves we are not all liars, and they are not right all the time.