Contact: Colleen Roche/Curt Ritter (212)788-2958
Office of Labor Relations Commissioner James F. Hanley today announced that effective tomorrow, February 17, 1999, the Health and Hospitals Corporation (HHC) will proceed with its plan to terminate the use of unauthorized union release time and the practice of using office space for union activities. Employees who had been on leave from their job duties will be directed to return to work.
Following an audit in August 1997 of the number of employees released from duty to perform union activity at HHC, it was discovered that approximately 17 employees in Locals 420 and 1549 of District Council 37 had been released without the proper authorization. It was also discovered at the time that the union was using a number of offices for union activities. The union was placed on notice that the release time would be canceled, the employees would be returned to work and the use of office space discontinued.
In response, District Council 37 filed a lawsuit seeking injunctive relief to prohibit the termination of such practices and also filed a grievance seeking arbitration under the collective bargaining agreement. Arguing that the grievance was not a proper subject for arbitration, the City filed a petition with the New York City Board of Collective Bargaining to dismiss the grievance. The parties agreed that the decision to terminate the practices would be postponed pending a decision on the grievance and the lawsuit was withdrawn.
On February 10, the Board of Collective Bargaining issued a decision agreeing with the City that the subject was not a proper issue for arbitration and dismissed the grievance. Accordingly, the City will now proceed with the decision to terminate these practices pursuant to the agreement with the union.