'Parks' Raked By Judge For Work Orders

'Parks' Raked By Judge For Work Orders

By HOWARD MEGDAL

A Manhattan Supreme Court Justice rejected a motion by the Parks Department last month to overturn an arbitration ruling in favor of three maintenance workers who grieved orders to perform out-of-title work.

CARL HAYNES: 'A big win.' Justice Marilyn G. Diamond rejected the department's petition to vacate the May 2004 ruling that Queens maintenance workers Ralph Biscotti, Angelo Gerbasio and Mitch Rippe were within their rights to refuse an order to drive Parks Department vehicles because their job specifications did not require them to drive.

'Entirely Rational'

Justice Diamond said in her decision that the original finding "is entirely rational and should be confirmed."

Local 237 President Carl Haynes applauded the ruling.

"It is highly unusual for the city to appeal something like this and for both the Parks Department Commissioner Adrian Benepe and Labor Relations Commissioner James [F.] Hanley to come out and testify," Mr. Haynes said in a March 23 statement. "It tells us this grievance win is a significant one for all municipal workers."

Neither Mr. Benepe nor Mr. Hanley responded to calls seeking comment.

Following the original grievance decision, the Parks Department transferred Mr. Biscotti and Mr. Gerbasio and threatened to transfer Mr. Rippe, leading the group's union, Teamsters Local 237, to file and win an improper practice charge in January. The city Board of Collective Bargaining instructed the department to cease its efforts to retaliate against the three men and rescind the transfers of both Mr. Biscotti and Mr. Gerbasio. It also ordered Parks to make future assignments "without consideration of their union activity." The agency is also required to post a notice of the decision for at least 30 days at all locations that Parks uses to communicate with bargaining unit employees.