Public Employee Press

Local 1549 wins case against out-of-title work

By DIANE S. WILLIAMS

Twelve years ago, Clerical Associate III Richard Stringer started filing essential records in the Eligibility Verification Unit of the Human Resources Administration at 250 Livingston St. in downtown Brooklyn.

His supervisor suggested that he could develop a logical filing system, which he did, although that work was beyond the duties of his title. Stringer saved money for HRA, increased productivity and cut the program’serror rate. The records he systematized were stored in an unventilated sub-basement that reeked of fumes from water damage and hazardous mold. The diligent employee met the challenge without complaint.

Stringer’s increased duties put him in the position of supervising other employees, which was also out-of-title work. Finally in 2004, Chief Shop Steward India Nelson prevailed upon the Local 1549 member to file a grievance. After management rejected the grievance at every step, the union took the case to arbitration and won. Far from being embittered by his lengthy pursuit of justice, Stringer has been a model of grace under pressure.

DC 37 attorney Joseph Barrett, who handled the arbitration, noted that Stringer put his talent for systematizing records to good use on his own behalf. “Richard Stringer brought in all kinds of evidence, including photos of the extensive filing system he devised and supervisors’ evaluations citing his importance to the unit’s operation.” The case was given an assist by his co-worker, Local 1549 member Sherri Ann Flot, “who was a terrific witness,” said Barrett.

While the agency refused to upgrade this model employee, Stringer received a check for $11,000 in back pay, compensation for the difference in salary between his title and that of CA IV, the title that fits the duties of the job he was performing, from the date he filed the grievance to the date of the arbitration award.

Stringer has an attitude of gratitude toward the union that fought for him. “India Nelson was so supportive, and Grievance Rep Kenny Mulligan and attorney Joseph Barrett did a marvelous job,” he said. Local 1549 President Eddie Rodriguez congratulated the winning team.