Public Employee Press

Arbiter rules for safety at 250 Livingston

Human Resources Administration employees have considered conditions at 250 Livingston St. foul and fetid since at least 2002, and on March 13 an arbitrator confirmed that judgment. The ruling sets a Nov. 1 deadline for management to correct the site’s safety and health hazards.

“The conditions have been making people sick,” said Local 1549 Chief Shop Steward India Nelson. The worst problems are in the sub-basement, where water damage has created mold and the lack of ventilation has exposed employees to dangerous conditions.
At issue in the case was whether HRA was violating the contract by failing to provide the clerical employees with adequate, clean, structurally safe and sanitary working conditions. The arbitrator said YES and directed the parties to work out an agreement on what management had to do to make the site acceptable.

In recent years, Clerical-Administrative Employees Local 1549 and the DC 37 Safety and Health Dept. have conducted numerous worksite inspections and repeatedly hashed out labor-management agreements trying to get management to address the conditions. “But management has failed to comply with any of these agreements,” said Principal Program Coordinator Lillian Goodwine.

The arbitrator’s decision now gives the union a powerful weapon to police the agreement. As of Nov. 1 the union can determine whether there has been substantial progress toward fixing the violations. If not, the union can bring the case back to the arbitrator for a further ruling.

Nelson fought for this remedy, since members are still forced to get records from the sub-basement. Due to the arbitrator’s decision they do not have to stay and work in the contaminated area. A tour of the facility on March 12 revealed that the stench is still strong and the water damage is unabated. “People are still inhaling these fumes,” said Nelson.

Touring the premises, Council Rep Nathaniel Hurt said, “I want to know what management is going to do — and when they are going to do it.”
“India Nelson and Local 1549 demonstrated by theiractions that members who organize and document their case can become an unstoppable force for change,” said union attorney Alan Brown, who handled the arbitration.

“This case is concerned with protecting the members’ health,” said Local 1549 President Eddie Rodriguez. “Now that we have won the arbitration, we have good people in place to fight to ensure that the conditions are remedied.”