Public Employee Press

Computer worker gets $27,000 arbitration award

Fire Dept. case goes up in smoke

Julie Chen recently received over $27,000 through an arbitration decision against the New York Fire Dept.

Her daughter, Jennifer Chu, is also a winner in the case. Jennifer, 20, is a sophomore at the University of Pennsylvania, which charges more than $40,000 for tuition, books and room and board. So Chen decided to dedicate her $27,000 arbitration award toward her daughter’s pre-med studies.

“This will really help out,” Chen said.

Chen is among a group of computer workers in Electronic Data Processing Personnel Local 2627 who in recent years have won thousands of dollars in back pay by going to arbitration over their out-of-title work at the Fire Dept. In some cases, the department has promoted individuals.

The local has been battling the agency’s failure to live up to a commitment toimprove the pay of about 20 employees who upgraded their skills and responsibilities.

“We are determined to see that our members are compensated appropriately,” said Local 2627 President Edward J. Hysyk.
After the Fire Dept. and Emergency Medical Services merged several years ago, the department required computer workers to go through training on its three computer systems, with the prospect of winning promotions for their new skills. Previously, they needed to master only one system.

The union’s “smoking gun” in the on-going battle was a 2001 supervisor’s memo that said the training would allow more flexible scheduling “and above all, level increases for those who will qualify as fully cross-trained.”

Chen is a Computer Associate (operations) Level 2. In the arbitration, the union showed that by working with less supervision, she was carrying Level 3 responsibilities. Her back pay covers the period from July 26, 2005, when she filed the grievance, to the March 31 arbitration ruling. The arbitrator called Chen “a highly seasoned professional who has developed her considerable level of expertise over many years in the discipline” and “operates with great latitude for independent initiative and judgment.”

While happy with her award, Chen ­expressed frustration that the Fire Dept. chose to “cease and desist” from the out-of-title assignment and brought her ­responsibilities into line with her Level 2 position — rather than promoting her.

“I am a good worker and have been with the Fire Department for 25 years. How could they not consider me for a promotion?” Chen asked. Arbitrators can’t order promotions, though employers sometimes do after workers win cases.

“We will continue to file grievances as members call our attention to these situations,” said 2nd Vice President Gary Goff, who worked on Chen’s case with former Rep Tyler Hemingway (now assistant director of the DC 37 Hospitals Division). Attorney Alan M. Brown of the DC 37 Legal Dept. presented the arbitration case.

“If you are going above and beyond, you deserve to be paid,” said Brown, whom Chen praised for arguing a strong case.