Public Employee Press

Union wins battle for enlistee

DC 37 lawyers and Local 1070 leaders helped a Court Aide finally win back the job he had resigned from last year to enlist in the United States Marines. When the Office of Court Administration denied his request for a leave of absence in March 2004, Dennis Almodovar quit his job at Brooklyn Supreme Court and reported to boot camp.

“Being part of the Marine Corps was something I really wanted to do,” said 22-year-old Almodovar, who had worked for the court for about three years. After five weeks of grueling military training, Almodovar was discharged because of a previously undiagnosed medical condition. He returned to the Supreme Court in May, hoping to get back his job.

“The manager said my position was filled but she’d keep me in mind if anything opened up,” Almodovar said. The run around continued until a former co-worker told him to go to DC 37. “I didn’t understand why my leave of absence was denied, it seemed like a mistake,” he said. With bills mounting, Almodovar took a part-time job.

Several months later, he contacted Local 1070 to see if he had any rights or job protections, said White Collar Division Rep Chris Wilgenkamp. The division reviewed his case and called in DC 37 lawyers Mary O’Connell and Steven Sykes.

“State law guarantees that whether provisional or permanent, municipal employees who leave a civil service position to join the military will have a job waiting when they return,” Sykes explained. Although the reason Almodovar’s initial request for a leave of absence was denied is not known, court management complied with the union’s request and reinstated him with seniority in March.

“I definitely appreciate all the help Local 1070 and DC 37 provided in getting my job back,” said Almodovar, who now works in the courthouse Supply Room and hopes to build a career in the court system. “I am happy to be back at work.”