Limit Work Hours For CUNY Staff;

Didn't Get OT After 35
Limit Work Hours For CUNY Staff


The City University of New York's practice of scheduling some of its employees for more than 35 hours per week without compensation must end, according to an arbitration decision handed down last week.

BARBARA BOWEN: 'Staff taken advantage of.' Professional Staff Congress officials had grieved the practice on behalf of nine workers at LaGuardia College who were regularly scheduled to work more than the contractually-mandated 35-hour week without extra pay several times per year. The ruling will likely apply to all 2,500 workers in the Higher Education Officer title, many of whom work in the registrar's, financial aid and alumnae offices and are scheduled for more than 35 hours per week during peak periods.

Demand at Registration

"Because of their commitment to the job, our members have been working these hours," said Professional Staff Congress President Barbara Bowen. "But the decision firmly states that the 35-hour work-week in the contract means 35 hours."

During the four registration weeks that occur every year, HEOs are regularly scheduled to work longer-than-normal hours, sometimes being made to come in on Saturdays or work late into the evening with no compensation. The practice is also employed in the grants offices and alumnae offices during certain very busy times of the year, according to Ms. Bowen.

CUNY Violated Contract

The ruling states that CUNY violated the 35-hour provision in the contract by regularly scheduling the staff to work longer hours. Union officials had asked that the HEOs be paid at an overtime rate for time clocked after 35 hours, but the arbitrator instead decided that CUNY had to provide compensatory time to ensure that HEOs work only 35 hours per week. Where traditionally employees who earned comp time would take it at some future date, the ruling indicates that they receive it in the same week if one or more of their shifts runs long.

The ruling comes on top of the PSC's successful litigation under the Fair Labor Standards Act that established that HEOs were entitled to time-and-a-half after 40 hours. CUNY had not provided any additional compensation for their 36th through 40th hours, however.

It is not entirely clear how the need for the extra hours of work during peak times will be handled, as CUNY's fall registration period approaches.

"The parties don't necessarily agree on the interpretation of this decision, said CUNY spokesman Michael Arena in an e-mail. "But we have agreed to meet with the union and discuss the meaning of the arbitration decision. The University's goal is to develop a way to implement the decision that will work in the best interest of our students."

Ms. Bowen said the union was in discussion with CUNY over the matter. "We want to serve our students," she said, "but the dedication and professionalism of our employees should not be taken advantage of."