Acquit NYPD of Retaliation In Barrier Unit Transfer; Worker Had Filed Grievance

The Board of Collective Bargaining ruled the Police Department did not engage in anti-union activity when it transferred a Barrier Unit employee following his participation in a union grievance, saying it was possible he was transferred for missing work.

District Council 37 filed an improper practice petition on behalf of the worker, Thomas DeSantis, against the city and the NYPD in October 2007. The union claimed the NYPD retaliated against Mr. DeSantis for participating in a grievance over the allegedly inequitable assignment of overtime to workers in the Barrier Unit. The petition claimed that Mr. DeSantis's work assignment was changed to one that put his health at risk.

Lost OT to Uniformed Staff

In September 2006, Mr. DeSantis asked the union to pursue a grievance over equal opportunity to work overtime which he claimed had been denied. He contended the work was given to uniformed Police Officers. In October, Sgt. Joseph Castaldo, who oversaw the Laborers in the unit, prepared a performance evaluation of Mr. DeSantis's work. "The evaluation reflected supervisory memos for infractions such as leaving the work facility without permission, failing to report to roll call and complete assignments in timely fashion, reporting for overtime work when instructed not to, and the like," stated the BCB decision. "Castaldo's evaluation stated that, overall, DeSantis met the required performance standards and the evaluation recommended that DeSantis 'continue in present assignment.'''

He remained in his position, but by spring 2007, superiors became aware of Mr. DeSantis's grievance. Before roll call on July 6, 2007, Mr. DeSantis asked for time off to attend a funeral but his request was denied. He left work anyway, complaining of a digestive disorder. Mr. DeSantis testified that early that afternoon he made a phone call from the second-floor locker room at the Barrier Unit warehouse to Union Council Representative Chandler Henderson to ask the union to expedite the processing of the overtime grievance. He believes he was overheard by a Police Officer, resulting in his transfer the next day. "I was permanently assigned to sweeping a floor that has some vile dust, perhaps it's, I don't know, residual 9/11 dust on the floor which had been making me sick. I had problems with my lungs, my sinuses, my throat, all from this dust," Mr. DeSantis testified.

An Attitude Problem?

Lieut. John Beckman testified that Mr. DeSantis was reassigned because of "tardiness," "constant" complaints about health and a "general disregard for direction at times." By the time of reassignment, Lieutenant Beckman and Sergeant Castaldo had been aware of the grievance for two months.

The BCB ruled there was not enough evidence to support Mr. DeSantis's claim that he was reassigned because of union activities. "Although the union raises a question as to the proximity in timing between DeSantis's phone call to the union and his assignment the next business day to sweeping duties that alone, without more, is insufficient to persuade this board that there is a causal connection," the decision stated.