Public Employee Press

Grievances cost city Finance Dept. $20,000

In out-of-title work cases filed by Local 1113, an impartial arbitrator ordered the Finance Dept. to pay two members almost $17,000 in back wages, and the agency settled another member’s grievance for about $3,000.

Since September 2005, the Dept. of Finance had been assigning additional responsibilities in the Customer Services/Refunds and Adjustments Unit to Milagros Perez-Hernandez, a Secretary Level 4, and Joan Hansley and Rosetta Williams, both Clerical Associates Level 3. The three are members of DOF Administrative Employees and City Investigators Local 1113.

“The new out-of-title workload was overwhelming,” said Williams, a 36-year veteran. She said her new duties consisted of about 15 additional tasks usually done by Principal Administrative Associates, who use the department’s Fairtax computer system to assure quality control.

“I felt like I was doing the work of two or three people,” said Perez-Hernandez. All three women said that although they had been doing out-of-title work for years, management passed them over when they applied for promotions. “It was very unfair,” said Williams.

Their workload and responsibilities increased but their titles and paychecks remained the same, so the women contacted their local.

“The difference in salary is about $5,000 and the department offered them no compensation or upgrades for the work,” said Council Rep Madonna Knight of the White Collar Division, who filed grievances on the members’ behalf. DC 37 attorney Alan M. Brown represented the local at the arbitrations.

In October 2006, DOF management reorganized the unit and added even more responsibilities. The work now included processing refund applications, verifying applications and entering into Fairtax confirmation that applications had been reviewed and were ready for payment.

In the arbitration hearings, Brown argued that the additional duties were consistent with the higher title of Principal Administrative Associate, but management insisted the work was within the members’ current job descriptions.

After careful review, the arbitrator ruled that the tasks were consistent with the duties of a PAA and ordered the Finance Dept. to pay the members for their out-of-title work. In February, Williams and Perez-Hernandez were awarded the difference in pay, and Hansley signed a stipulation of settlement. Since then, Knight said, “the members’ assignments have been changed to better reflect their job titles.”

The three were glad to have the union’s support. Williams said, “I am happy because I knew I was right all along.”

“These grievants knew they were working out of title and they properly documented that fact,” said Brown.

“They were prepared for their hearings,” he said. “Grievants who prepare and work with the union significantly increase the likelihood of their prevailing.”