By MIKE LEE

When a DC 37 member faces injustice, whether it be working out-of-title, unfair treatment by management in the workplace, disciplinary action, or a termination, the union provides full representation through the grievance filing process. A grievance is a dispute between the employee and the employer over whether a collective bargaining contract or policy violation has taken place.

Division Directors and Managers at the five DC 37 Field Operations Divisions explain the grievance procedure, which varies depending on the contract for a member’s unit or agency, and whether the Local represents public, private, or non-profit workers, or those serving at cultural institutions.

DC 37 members are encouraged to become familiar with their collective bargaining contract language to determine the specific steps for filing a grievance.

Professional and Healthcare

Marianela Santana, Director of the Professional and Healthcare Division, spoke about the process in her Division, which files hundreds of grievances per year, including cases for out-of-title work, pay disparity, wrongful termination, and other issues that are in violation of the contract.

“When a member contacts the union and says, ‘I believe I’m doing out-of-title work,’ we initiate an assessment to determine if there’s a grievance,” Santana said.

“When we identify the type of grievance, we cite the contract. Step 1 is to fill out a grievance form and present it at the agency level to the unit supervisor. Step 2 could be to the designee of the agency, and then Step 3 is the Office of Labor Relations. Once it gets there, we send the grievance to our Legal department for review. If it merits that this should go to arbitration, it will. The ruling at that level is a final and binding decision,” she said.

Santana stressed the critical importance of Grievance Reps, stating that union staff is the vehicle to filing a grievance and engaging in the process. However, members have the option of filing a grievance on their own.

“The staff is excellent at settling the grievance during the Step process, primarily when they work it out with management,” Santana said.

Santana said members must notify their Reps quickly if they suspect the work they’ve been assigned is out of title.

“Some members come to us and say, ‘Oh, I’ve been doing this for two years,’ but we can only go back 120 days,” she said.

Parks, Culturals, and Higher Education

David Boyd, Director of the Parks, Culturals, and Higher Education Division, estimates his division files about 75 grievances annually, primarily for out-of-title violations.

“Management tends to use employees to do other jobs during a hiring freeze. They use our members in roles that they should not be working,” Boyd said.

He also said that the Parks locals are robust in filing for redress, mainly for safety and health issues.
The structure of a grievance is the same, regardless of the incident, though there are particulars for where a grievance is submitted and the timeframe in which it must be filed. The process varies by agency or cultural institution.

While many members in the Parks Division seek support from DC 37, Boyd explained that several locals negotiate directly with management over workplace issues.

Education and Libraries

DC 37 Education and Libraries Division Director John Burke explains how vital it is for members to contact their Shop Steward to notify them of a possible grievance. The Shop Steward then must contact the Division as soon as possible as the window to file in most contracts is 120 days. The biggest exception is the Department of Education, which only allows 75 days to file a grievance.

In this Division, all grievances are filed electronically through an online system that ensures they do not fall through the cracks, leaving the union liable for a member to sue for failing to provide fair representation.

“It goes through each step of the process, from Step 1 all the way through possible arbitration,” Burke said. “If members are suspended, terminated, or doing out-of-title work when they reach out to us, we’ll know if it’s a violation of the contract, and we initiate the grievance on their behalf.”

State, Administrative, and Authorities

Jacqueline Pointdujour, interim Director of the State, Administrative, and Authorities Division, stresses that Civil Service law and due process rights must be followed in the workplace.
“Civil servants have certain rights guaranteed by the 14th Amendment to the U.S. Constitution that says you shall not be divested of property rights without due process,” Pointdujour said.

A grievance will be handled one of two ways in this division: through the New York City Office of Administrative Trials and Hearings (OATH), which handles due process rights for workers and requires a hearing to be held; or through the Step process. Depending on the situation, Step 3 with the Office of Labor Relations can be bypassed and an OATH-appointed judge will hear the case.

“For civil servants, it’s generally better to go through OATH. If you file a grievance and go before arbitration, it usually means the general counsel must determine if the case has merit or if it’s a matter they want to take to arbitration,” Pointdujour said.

The OATH process can take approximately 18 months. It typically takes three months to get to arbitration during the Step process, depending on the situation.

She also emphasized that members must immediately contact their Shop Steward and Division Reps if they receive any letters requesting informal conferences or notices of suspension from their employer. It is extremely important for members to ask for union representation at any hearing, even if it is informal.

Non-Profit and Private Sector

Three managers handle grievances in the DC 37 Non-Profit and Private Sector Division: Sylvia Kemp oversees Home Care members, Kimberly Berry handles members in Head Start and Day Care, and Andy Caze represents Field Services members.

Grievances in this Division are complex because there are multiple contracts for the many private sector and non-profit institutions represented by the union. The grievance process is specified in each contract.
“With Day Care and Head Start, there are two main contracts,” Berry said.

Caze said he deals with 50 different contracts. “In every contract, grievance procedures are outlined with the steps you have to follow. It may differ from contract to contract, but some have similarities. Ideally, if members have an issue in the workplace, they’re talking to their Shop Steward and going through the normal chain of command onsite to handle it within the bargaining unit. In any event, if they cannot resolve it, they would then reach out to their union rep.”

Grievances in the Division are more frequently related to suspensions and terminations. According to Berry, the union usually tries to resolve the grievance without involving a third party.

“We have to deal with the Day Care Council in mediation, and when they get involved, they advise,” Berry said. “They’re supposed to be a neutral mediator, but they’re not. So I try to resolve grievances in the early steps or even before we have to file one.”

Caze added that the grievance process can be dragged on once attorneys get involved. “The arbitrators and the attorneys are throwing dates around 18 months from now while my member is at home,” he said. “I just want to get to a resolution as quickly as possible for our members.”