Judge Won't Block ACS Realignment;

Urges Negotiations
Judge Won't Block ACS Realignment


A judge last week denied District Council 37 Local 371's request for a temporary restraining order to halt the foster-care reorganization planned by the Administration for Children's Services.

CHARLES ENSLEY: Let's talk it out. The judge scheduled a May 4 hearing where union lawyers will make their case for an injunction to stop the plan, based on their contention that ACS should bargain with the union over the displacement of 650 Caseworkers.

Judge: Keep Talking

State Supreme Court Justice Carol Edmead refused to issue the temporary restraining order, citing the more-than half-dozen meetings between ACS and the union and a job fair planned for some of the displaced employees. She also urged the two sides to continue negotiating to prevent the need for the hearing.

"Children's Services is pleased that we will be able to continue our efforts to strengthen the city's foster-care system and better serve the families and children we are responsible for," said ACS Commissioner John Mattingly in a statement. "We look forward to continuing to work with the union on this process."

Judge Edmead took note of Local 371's arguments that ACS had failed to bargain over the practical impact of the reorganization, had been bypassing the union and directly dealing with its members, planned to contract out work currently performed by union members, and should not be permitted to lay off or transfer employees. But she ruled that the union's contentions were contradicted by the recent meetings between the two parties and by the fact that the agency had been working with the union to find placement for the affected workers. She cited the job fair for 97 workers who had been slated for dismissal this month as evidence of ACS's compliance with its contractual responsibilities.

ACS Help: No Guarantees

ACS officials have said they are committed to finding jobs for all 650 Caseworkers in other units or other city agencies at comparable salaries, but they have not guaranteed placement.

Local 371 President Charles Ensley said he believed that the judge understood the issues involved in the case.

"The hearing May 4 will determine what the facts of the case really are," he said. "Nothing will happen within the next two weeks, which gives the parties an opportunity to sit down at the bargaining table. The judge was clearly saying go to the table and resolve the issue."

Mr. Ensley added that he sent a letter to the city after the ruling was handed down indicating his willingness to meet "immediately and frequently to resolve the issue."