Failed to Negotiate: Rule DHS License Change Improper

Failed to Negotiate

Rule DHS License Change Improper

By HOWARD MEGDAL

A Department of Homeless Services worker who had been fired for failing to have a special driver's license was reinstated with back pay and benefits after his union settled an improper practice charge.

LILLIAN ROBERTS: 'Vindicated members' rights.' Motor Vehicle Operator Dunston Carter, a DHS employee since 2001, received a directive in March 2005 that every DHS driver needed to have a driver's license for transporting more than seven passengers, effective June 10, 2005.

Questioned Requirement

Mr. Carter's license allowed him to drive a maximum of seven people, and when he did not comply with the directive, he was fired June 21. At the time of his hiring, only a basic driver's license was required for his position.

Mr. Carter and his union, District Council 37, had a number of issues with the directive. Mr. Carter was not offered time off to take the additional test, nor did the city negotiate on the matter with DC 37.

"Mr. Carter was fired based on a new policy, a new area of discipline," DC 37 Executive Director Lillian Roberts said in an April 12 statement. "They never negotiated with the union. We once again vindicated our members' rights by making it clear that management can't introduce new disciplinary actions without negotiating with the union."

A spokesperson for DHS did not return a call seeking comment.

Mark Rosenthal, who represents Mr. Carter as president of Local 983, echoed Ms. Roberts's sentiment, a rare event for the often-clashing union officials.

"To change a job requirement without negotiating with the union, and then terminate our member based on that change, was unjust," Mr. Rosenthal told the Public Employee Press.

DC 37 lawyer Joe Barrett called the firing unlawful. "The agency unilaterally changed the rules and conditions of employment midstream, and that's illegal when employees are covered by a contract," Mr. Barrett said in an April 11 phone interview.

The union filed an improper practice charge with the Office of Collective Bargaining in September to get Mr. Carter's job back and prevent the change in job specification.

After a meeting between DHS and DC 37, the department rescinded the order and annulled Mr. Carter's firing.