Local Pay Beef Blocked By DC 37's Objection

By RICHARD STEIER

A local of District Council 37 cannot proceed to arbitration regarding merit pay for its members at the Hall of Science without the union's permission, a Manhattan Supreme Court Justice has ruled.

The decision by Justice Emily Jane Goodman was rendered after DC 37 Executive Director Lillian Roberts sought to block Museum Employees Local 1665 President Marvin Williams from pursuing an arbitration case with the Hall of Science after it discontinued its merit pay program in August 2006.

Not Part of Contract

Wendell Reid, the DC 37 council representative assigned to Local 1665, referred Mr. Williams's grievance on the matter to the union's Legal Department, which decided not to pursue arbitration because, Justice Goodman noted, "it believed that the grievance lacked merit."

Merit pay was not provided for under the DC 37 contract that covered Local 1665, prompting the union's advisers to conclude that they could not win a grievance when there was no violation of that collective-bargaining agreement [CBA].

Mr. Williams sought to proceed anyway, and when Ms. Roberts took the matter to court, he stated that the local had always been able to seek arbitration, even, in one case, when DC 37 recommended against it doing so. He also noted that in that instance the union had provided his local with legal assistance even after concluding that its case lacked merit.

Justice Goodman noted, however, that in that case DC 37 willingly volunteered the legal services despite its reservations about the likelihood of success. This time, she continued, the union properly asserted its right not to allow the case to proceed.

"The language of the CBA does not support Local 1665, and indicates that DC 37's support must be acquired before Local 1665 may proceed to arbitration," Justice Goodman wrote.

As a result, she issued a court order enjoining the dispute between Local 1665 and the Hall of Science from proceeding before the American Arbitration Association.