Public Employee Press

Boss can’t tell worker to drop grievance, says board

When an irate manager tried to pressure a Local 375 member to drop his grievance, the impartial Board of Collective Bargaining found the city’s Administration for Children’s Services guilty of an improper labor practice in violation of the New York City Collective Bargaining Law.

In its February ruling, the board ordered ACS to stop interfering with members’ right to use the grievance procedure and post notices about the improper practice to employees at all worksites for 30 days.

Samir El-Tahawy has been a Construction Project Engineer Level 2 for 22 years. He even trained co-workers who were promoted over him.

Out-of-title work

More recently, El-Tahawy acted as director of architectural services, performing all the duties and responsibilities of the position, but management never upgraded him or gave him any additional compensation.

So he contacted the union, filed an out-of-title work grievance, resigned from the director post and reverted to his previous title.

A manager El-Tahawy had worked with for 15 years, who was aware of the pending grievance, came into his cubicle. In a heated conversation, the manager told El-Tahawy to “let it go,” arguing that the difference in salary was small and that he had “no time to respond” to management’s e-mail inquiries concerning the case.

“It was a matter of principle. I have 37 years experience. I felt intimidated and I told the union,” El-Tahawy said.

Thanks to DC 37, management couldn’t thwart El-Tahawy’s right to use the grievance procedure. He won his grievance, but the city is challenging the result.

Protected rights

“This case is important because it lets union members know their rights are protected,” said DC 37 lawyer Dena Klein, who handled the case.

Although BCB dismissed the union’s charge of retaliation, the decision “puts agencies on notice that they cannot speak to employees the way this manager did,” she said. “Union members have the right to proceed with their grievances without management infringing on their rights.”