Provisional employees, who serve at the will of
management, are a perennial problem for civil service workers. A
provisional is an employee appointed into a competitive position
by management without having taken a competitive exam.
Civil Service Law states that an employee can serve no more than
nine months in provisional status. But management violates this
law on a regular basis. Over the years, the union has fought back
through legislation, bargaining and court actions.
In this tradition, DC 37 filed a lawsuit in March with the State
Supreme Court to remove provisional Principal Administrative Associates
and appoint members waiting on civil service lists.
"When we started out," said Clerical Division Director
Ronnie Harris, "there were 1,317 people remaining on the list
in the Human Resources Administration, while there were 547 holding
Provisional Principal Administrative Associate titles. This is a
violation of Civil Service Law."
When management informed Mr. Harris that they had no intention of
moving the lists, he took immediate action. "I told them we
would be taking them to court. It is our job to make sure that the
agencies follow the law and to ensure the integrity of the civil
service system," he said.
Beyond HRA
Union attorney Alan Brown filed the suit on behalf of DC 37 Executive
Director Lillian Roberts, Local 1549 President Eddie Rodriguez,
Local 1070 President Clifford Koppelman, Local 1251 President Carolyn
Harper, Gladys Owusu-Safo, Jacques Hall and others.
Mr. Rodriguez worked to expand the legal action beyond HRA, the
original target. "We're protecting the rights of civil service
employees to better themselves in their professions," he said.
"If it means going to court, then we'll go to court,"
he continued. "We are not going to let management put up a
wall to block our members' rights."
After the case was settled June 14, management moved the lists in
HRA, Housing Preservation and Development and other city agencies.
In HPD on April 19, there were 61 people on the PAA list and there
were 36 serving provisionally as PAAs. By October, the balance of
the list in HPD was exhausted.
HRA - the largest agency affected by the settlement - called the
PAA list three times. Now all provisional PAAs have been removed.
Other agencies affected include the Taxi and Limousine Commission
and the Depts. of Education, Parks and Recreation