Public Employee Press

Grievances gain $10,000 each for three members
Supervisor pay, management work at DEP

The Dept. of Environmental Protection agreed to pay a Local 1322 member $10,000 and promote him to settle a grievance about out-of-title work.

Watershed Maintenance Supervisor Level 3 ViJay Rao supervised trades personnel — the carpenters, plumbers, blacksmiths and others who worked on the chlorination systems at DEP facilities. He prepared employees’ schedules and work assignments, monitored equipment maintenance and traveled to DEP sites throughout the city to meet with workers, sign their time sheets
and evaluate their performances.

When he found himself supervising the Supervisors his local represents, Rao called Local 1322. “For two years I was acting as a Chief Operator and managing tradesmen. I felt compelled to stand up for myself and file a grievance,” he said.

Since his daily duties mirrored those of Mechanics Supervisor, a management title, DC 37 reps Wilson Fenty, who is now retired, and Bob Gervasi filed an out-of-title grievance for Rao.

The grievance was set for impartial arbitration when the city and the union negotiated a settlement that awarded Rao $10,000 in back pay for his work as a manager and a promotion to the appropriate title.

“I am glad the arbitrator addressed the problem so the union could achieve positive results for our member,” said Local President Fred Ricci.

Rao, who was promoted to Administrative Project Manager M-1 last November, said, “The grievance worked out well thanks to the union, but unfortunately, I am no longer a DC 37 member.”

“ViJay Rao typifies the DC 37 everyday hero,” said DC 37 Attorney Alan M. Brown, who handled the case. “He always went beyond the call of duty, and finally through his union, he obtained the recognition he deserves. If the public only knew what our members do on a daily basis, they would never permit contracting out or layoffs.”