Public Employee Press

Operators at upstate water treatment plants win upgrades and $270,000 in back pay

The Dept. of Environmental Protection paid a whopping $270,000 to eight Chief Operators and Assistant Chief Operators as part of a grievance settlement for six years of out-of-title work at upstate water treatment plants. The Local 1322 Level 1 Supervisors also received promotions to Supervisor of Watershed Maintenance Level 3, advancing two grade levels, with an annual pay hike of about $13,000.

“Although it took a while, I am glad we were able to communicate with the agency’s Director of Human Resources, who acted fairly,” said Local President John Townsend.

Since 1999, the eight have acted as Chief Operators of upstate wastewater treatment plants. The heavy responsibility for maintaining the facilities, preventing pollutant emissions and protecting the quality of water discharged into the city’s reservoirs fell on their shoulders. Any violations would jeopardize their state licenses and jobs and could result in fines, jail time or both.

“The new plants were more sophisticated and required more advanced treatment than before,” said Local 1322 member Jack Schmidt. “Management used us as Chief Operators to carry out the day-to-day operations. Our jobs were on the line every day.”

“We had to show that these workers stood in a different class from others in the same title,” said DC 37 lawyer Robin Roach.

“Supervisor Watershed Maintainers are not required by their job specifications to have a specific license and certification, but under state regulations the Chief Operator of the facility needs a special license and certification based on the plant’s size and output,” she explained. “And if they lose certification, they can’t function as Chief Operator.”

Roach said these members “were carrying greater responsibility — no other supervisor could be placed in that job.”

The grievance went to Steps 1 through 3 then arbitration. “Robin laid a strong foundation. The agency realized there was a good possibility they would lose, so they settled,” said Blue Collar Council Rep Bill Fenty.

“We always felt we were working out of title,” said 20-year veteran Supervisor and Chief Operator Salvatore Palazzolo. “It was worth the wait. We got everything we deserved. This opens the door to new possibilities within the title, otherwise workers would always be locked at Level 1.”