The union took the Human Resources Administration to State Supreme Court when the agency unilaterally doled out 8 percent merit raises to 95 AIDS workers.

The raises clearly violated two recent Board of Collective Bargaining decisions. Faced with a preliminary injunction against the practice, HRA agreed to stop giving the raises until BCB issues a final decision.

District Council 37, Social Service Employees Union Local 371 and Clerical-Administrative Local 1549 initially filed improper practice charges with BCB, which found “reasonable cause” to believe it would decide in favor of the unions and authorized them to seek an injunction in court.

The positions involved are Caseworkers, their Supervisors and Eligibility Specialists employed by HASA, the HIV/AIDS Services Administration. It was “outrageous” for HRA to issue the extra raises as the mayor axed members’ jobs and vital public services in many agencies, said Faye Moore, vice president of SSEU Local 371. By flouting the BCB decisions, HRA showed “disrespect for the unions and the bargaining process,” said Local 1549 President Eddie Rodriguez.

Management claims that the 8 percent salary increase is not merit pay but an allowance within the titles’ salary range. The earlier BCB decisions on merit pay, issued in April and October 2001, set a strong legal precedent, said DC 37 attorney Kim Hsueh. In both cases, BCB ruled unanimously that HRA could not issue merit pay without negotiating on the criteria and procedures to be used.