Grant Trial in Suit For Extra Sanitarian Pay;
Plaintiff Cite Added Duties
By MICHELLE FRIEDMAN

A lawsuit seeking additional money for Public Health Sanitarians who must carry heavy equipment to and from work has been cleared to go to trial by a Federal Judge in Manhattan.

FITZ REID: Should be paid for added burden.

The Sanitarians claim carrying the heavy equipment to and from work - including a laptop, printer, telephone, back-up batteries, and numerous documents - constitutes extra duties demanded by the employer for which compensation should be paid.

U.S. District Court Judge Gerald E. Lynch denied the city's motion for summary judgment against the plaintiffs.

Used for Inspections

The plaintiffs - 48 present or former Department of Health and Mental Hygiene Inspectors - are responsible for performing inspections of various food, manufacturing, wholesale and retail establishments to ensure that they are up to health, safety and sanitation codes. The job requires inspectors to work primarily from home, and travel from location to location with the equipment.

They claim that the equipment they carry is "heavy and bulky and requires significant exertion."

"This has been an eight-year fight, and I am gratified that Judge Lynch has allowed this case to go to trial," said Fitz Reid, executive vice president of Local 768, which represents the city's Public Health Sanitarians.

Mr. Reid blamed much of the delay in bringing the case to trial on Local 768 President Darryl Ramsey, who he claims consistently ignored the Sanitarians' concerns. Mr. Ramsey did not seek support from the local's parent union, District Council 37, and the Sanitarians were also forced to hire private counsel, according to Mr. Reid.

Mr. Ramsey did not return calls seeking comment.

Mr. Reid noted that other Local 768 titles - including Social Workers, Public Health Advisors, Public Health Assistant, and Pest Control Workers - all have similar work-related issues with the city, and are asked to perform additional work for no extra pay.

"Darryl Ramsey has given up on these titles and on many other grievances which could have resulted in significant pay differentials," Mr. Reid said. "Especially in these hard times, no grievance with a chance of winning and improving our living standards should be abandoned."