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Union legal action fights layoffs

In addition to fighting contracting out and job cuts with a media and mass leafleting campaign to educate the public and pressing the City Council to restore funds to the budget, DC 37 battled layoffs by using personnel regulations, contract language and state and federal labor law as weapons.

Among other actions, the union has formally disputed an administrative move by the Health and Hospitals Corp. that would make it easier to target layoffs at certain groups of workers.

Layoff units expand

Years ago, the entire hospital system was one “layoff unit,” within which HHC had to follow strict procedures — including recognition of seniority rights — if it carried out layoffs.

Over the years, HHC has sought more control by establishing a series of smaller layoff units throughout the giant health-care network, which includes 11 acute-care hospitals, four skilled-nursing facilities, six large diagnostic and treatment centers and more than 80 community-based clinics.

In April, HHC said it planned to lay off workers because of budget cuts, and informed the union that it would further narrow the definition of layoff units to include sections of stand-alone facilities. The smaller units would give HHC great flexibility in identifying the workers to be axed and in many instances ignore seniority rights, according to the union.

DC 37 Research and Negotiations Director Dennis Sullivan registered the union’s objection to the smaller units on May 13 in a letter to HHC Senior Vice President Frank J. Cirillo aimed at triggering a review of the new procedures covering members of locals 299, 371, 420, 768, 983 and 1549. When HHC refused to address the union’s objection, the DC 37 Legal Dept. filed an appeal with HHC’s Personnel Review Board.

Protecting seniority rights

“Some of the senior employees slated to be laid off in these narrowly defined layoff units have been denied the right to displace or bump less senior employees,” Sullivan said. “This violates the principles of civil service and undermines the notion of preserving seniority and longevity.”

Seniority rights are also a paramount concern as the union challenges the April layoffs of 48 zoo and aquarium employees in Local 1501.

Shortly after the firings, Assistant General Counsel Meaghean Murphy filed a federal unfair labor practice charge against the Wildlife Conservation Society for failing to negotiate with the union over layoffs.

The union has also filed 35 grievances charging that WCS management violated the contract’s protection of seniority rights and improperly cut the pay of workers who were bumped to new positions.

Gov. David Paterson’s unusual and inappropriate decision to go over the heads of state unions by urging workers to pressure their elected leaders to give back negotiated 3 percent pay raises led state employees — including members of DC 37’s Rent Regulation Employees Local 1359 — to demonstrate April 30 at the governor’s Manhattan office.

Paterson’s “open letter” to state employees said “workforce concessions” were “preferable to significant layoffs” and asked workers to “voice this opinion to your union representatives.”

Coercing workers

In response, DC 37 filed a charge against the governor with the state Public Employment Relations Board. The union said Paterson interfered with the Local 1359 members’ rights under the Taylor Law and with DC 37’s role as the employees’ bargaining agent. “The governor’s letter was sent for the specific purpose of coercing employees,” Assistant General Counsel Dena Klein wrote on behalf of
DC 37 General Counsel Mary J. O’Connell.

Klein’s charge asked PERB to order the reinstatement of any laid-off workers, but the dispute ended June 4, when Paterson and state unions reached an agreement to avoid the givebacks and 8,900 planned layoffs, provide a $20,000 buyout offer for certain employees, and establish a new pension tier for new workers with a higher retirement age and longer contribution period.

Additional news about the union’s battle to prevent layoffs is on page 3.

— GNH