June 2013 Update

OATH Judge Rules in Favor of Elevator Mechanics and Supervisors!

Local 237 has cleared a major hurdle in the fight for higher wages provided by the International Union of Elevator Constructors Local 1 (Local 1) contract for Elevator Mechanics and Supervisors. The Administrative Judge presiding over our OATH (Office of Administrative Trials and Hearings) case issued her opinion on June 6th, and concluded that the two titles are entitled to the outside prevailing rate provided by the Local 1 contract. The ruling applies to members working for both the City and Housing Authority.

While the Local 237 team presented a strong case for Supervisors, Mechanics and Helpers alike to receive the Local 1 outside prevailing wage, the Judge ruled that Helpers receive the outside wage provided by the International Brotherhood of Electrical Workers Local 3 (Local 3).

Next Steps
The City has the option of appealing the Judge's decision. If they do so, Local 237 will continue to make our case. Should the City not appeal the decision, Local 237 will request that the Office of Labor Relations begin contract negotiations. If the decision stands, the terms of the next contract for Mechanics and Supervisors will be based on the higher Local 1 package.

Our union will continue to push for Elevator Helpers to receive the Local 1 rate. The City Comptroller will issue updated determinations this July. Should we fail to convince the Comptroller that the duties of Helpers are consistent with those of members Local 1, we will have the opportunity to make our case again in 2014, with a newly elected City Comptroller.

 

February 2013 Update

Local 237 Members Testify at OATH Hearing

City Opposing Local 1 Rates for Supervisors, Mechanics and Helpers

The prevailing wage rate OATH (Office of Administrative Trials and Hearings) hearing began October 2nd. Throughout, Local 237 has defended members by making a strong case to the Administrative Judge, who will decide which outside prevailing wage rate will apply to each title.

In the latest step in the multi-year fight for higher outside rates for all three titles, Local 237 has strengthened the argument that the duties of Local 237 Helpers are consistent with those of members of the International Union of Elevator Constructors Local 1 (Local 1), rather than those working in the title of Helper represented by the International Brotherhood of Electrical Workers Local 3 (Local 3).

Additionally, Local 237’s members, staff and attorneys provided solid evidence that all three titles should receive the higher outside rate provided in the Local 1 contract. At the hearing, the City and Housing Authority have challenged the Comptroller’s earlier determination that Elevator Mechanics and Supervisors receive the Local 1 rate. That determination was prompted by a challenge from Local 237.

Local 237 remains cautiously optimistic that we will eventually triumph.

 

 

 

 

 

 

 

 

 

 

Local 237 members provided consistent and detailed testimony on their job duties and clearly demonstrated that each 237 title most closely conforms to Local 1 titles. Among the critical points made was the requirement that members working in all three titles perform elevator and escalator modernization on a regular basis, an important distinction between Locals 1 and 3.

They also described overseeing the work of Local 3 members who work for private companies that the City and NYCHA contract with to install new elevators. Members also explained to the Administrative Judge how they take responsibility for rescuing people trapped in broken elevators.

Elevator Mechanic Helper Patsy DeLeonibus, who works at NYCHA, provided testimony reflecting his experience of having worked at both Locals 1 and 3 as a Helper. Also testifying for the union were NYCHA Elevator Mechanic Ed Hudak, DCAS Elevator Mechanic Thomas Paul, and NYCHA Supervisors of Elevator Mechanics Chris Sullivan and Dario Ungania. Current members of Locals 1 and 3 also testified.

Additional OATH hearing dates have been scheduled. The Judge's final decisions will apply to workers employed by both the Housing Authority and City. The decisions are expected soon, though this may not be the end of the fight, as the decisions may be appealed.

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