Public Employee Press

Local 924 fights for restoration of benefits

"What the city has done is outrageous. If anyone did what the city is doing, they'd be jailed." — Kyle Simmons Local 924 President

By DIANE S. WILLIAMS

DC 37 is waging a legal battle on behalf of Local 924 City Laborers, the outcome of which will have far reaching effects on all prevailing wage workers in New York City.

The union's Legal Dept. took the fight to state Supreme Court in October as it filed a lawsuit against the city and the comptroller for failing to act on Mayor Michael R. Bloomberg's unprecedented, unilateral power grab that robbed City Laborers of benefits and vacation pay. Unlike most other prevailing rate workers throughout the city, Local 924 City Laborers have not had a collective bargaining agreement since 2002.

"The city stole 12 paid holidays, 10 vacation days, seven sick days, four bereavement days and recurring annuities of over Local 924 fights for restoration of benefits $800 from us after we won our lawsuit for prevailing wages," said President Kyle Simmons. DC 37 sued the Bloomberg administration in 2010.

In retaliation, Simmons said, Bloomberg reneged on City Laborers' supplement benefits package, worth $46,800 per worker, and ignored the state Appellate Division's 2012 order to pay $68,000 in wages to each City Laborer.

The city decided to distribute $21,000 in supplement benefits to already retired laborers, which violates the prevailing wage law. "Prevailing rate is a minimum wage and supplement law that guarantees wages and supplement benefits regardless of whether the worker is in the public or private sector," Simmons said.

In January, the city and the comptroller filed a motion to dismiss the state Supreme Court case, but the judge determined the case could not be dismissed without first hearing testimony from the Comptroller's Office regarding the reason the city delayed its response to DC 37's complaint for more than two years. That prompted the comptroller to make a preliminary determination that the city was not in compliance with its order, and to file a petition for an Office of Administrative Trial and Hearings hearing in June.

"It was unfortunate that we had to file a lawsuit to get the comptroller to act on our legitimate complaint," Simmons said. "We are glad to finally have our day in court. We look forward to proving that the city totally disregarded the law and robbed my members of benefits they are entitled to.

" In addition to the administrative hearing, the court case is continuing against the city because state labor law requires employers to maintain the status quo pending a determination by the comptroller on the value of the city benefits.

"We are fighting to have our hardearned benefits and wages restored,

"Simmons said. "What the city has done is outrageous. If anyone did what the city is doing, they'd be jailed." Simmons said the union plans to take the issue to federal court if needed.

"It's been 14 years that the city has ignored their responsibility. We can't strike, we can't do a work slowdown, and we can't quit," Simmons said. "We are being forced to work for substandard wages