Public Employee Press

Provisionals win due process rights

After a long fight with DC 37, the city agreed in August to recognize the due process rights of provisional workers in disciplinary matters.

The union and city had been at odds since the city refused to sign an agreement it had negotiated on the rights as part of a five-year plan to implement the 2007 Long Beach court ruling that restricted the public employers' use of provisional employees.

The city backed off its refusal shortly before the independent Office of Collective Bargaining was expected to rule on a union improper practice charge that aimed to force the city to recognize the rights.

The August agreement resembles a due process agreement the union negotiated over 20 years ago. The 2007 Court of Appeals decision requires public employers to follow the state Civil Service Law's nine-month limit on keeping provisional workers. Over the years, New York City flouted the nine month rule to avoid hiring permanent employees with civil service rights and keep tens of thousands of provisional employees on the payroll. At the time of the Long Beach ruling, the city had about 30,000 employees working as provisionals.

The August agreement opens the way for the union to defend provisional workers with over two years of service who face disciplinary charges, which it couldn't under the Long Beach decision. In addition to defending scores of workers facing disciplinary charges in outstanding cases, the union will now press for a similar agreement with the Health and Hospitals Corp.

Meanwhile, as the city reduces its provisional workforce, DC 37 continues to press for civil service exams and offer test preparation courses so members can get permanent status.

The August agreement will remain valid until the end of 2014, the deadline for the city to shed its provisional workforce with more than nine months on the job.