Public Employee Press

Local 299 wins permanent status for 52

More than 50 AFSCME Local 299 members now enjoy permanent civil service positions as Recreation Directors thanks to a union lawsuit.

Early this year, the Dept. of Parks and Recreation appointed 52 members to permanent RD spots. The action came after Local 299 sued the city to hold a civil service exam for the position for the first time in 20 years. Several provisionals in other agencies also became permanent because of the lawsuit.

“Many of our members who were appointed from the RD list had been working for the city for 17 and even 20 years without ever having a chance to become permanent,” said Local 299 President Louis Sbar. “It was an absolute scandal. We are proud that the local has successfully addressed this injustice.”

“I am grateful for the opportunity the union has opened up for us,” said Local 299 member Tammy McKnight, who works at the cultural center at the Herbert Von King Park in Brooklyn.

“It was so frustrating,” McKnight said, recalling how she worked for the city without permanent civil service status — first as a seasonal Recreation Specialist and later as a provisional RD — since 1985. “I was always wondering when I would get a break.”

As provisionals, Parks workers like McKnight lacked the job protection of permanent civil servants. That made them particularly vulnerable to layoffs during tough fiscal times. Virtually all of the 1,000 members laid off in 2003, and most of the thousands let go in 1991, were provisional employees.

In addition to job security, civil service status provides permanent employees with disciplinary and promotional rights that provisional workers do not enjoy.

Responding to the concerns of members in provisional positions, Local 299 took the city to court in April 2003. DC 37 lawyer Kim Hsueh handled the case, which was settled when the city agreed to hold an open competitive RD exam by Dec. 31, 2003, and to come up with an appointment list within six months. While the list remains valid for four years, the union pressed the Parks and Recreation Dept. and other agencies to make appointments as soon as possible.

McKnight hopes her new position will help pave the way for further promotions. “I always wanted permanent status so I could move up,” she said. “This is a start.”