In October 2015 Laborers’ Local 17 successfully obtained a temporary restraining order temporally enjoining the County of Sullivan and the New York State Department of Civil Service from certifying the results of a civil service examination taken by incumbent employees who were employed in the County Solid Waste Operator (SWO) title and also temporarily enjoining the County and the State of New York from removing incumbent or current “SWO” employees from their positions pending the outcome of an Article 78 proceeding.
Justice Stephan Schick of the New York State Supreme Court signed the temporary restraining order. This Article 78 proceeding sought to “grandfather” the current “SWO” employees so they are not subject to competitive civil service testing in order to remain in their positions in return keeping their jobs and health and pension benefits.
In February 2016 Local 17 successfully negotiated a settlement with Sullivan County and the New York State Department of Civil Service whereby the titles of the affected Local 17 members were amended and their jobs were preserved with no lost wages or benefits.
This settlement agreement was approved and so ordered by Honorable Stephan Schick.
“I am proud of the way this case was handled by Local 17 Field Representative Richard Messina and our Public Sector Attorney Richard Corenthal. Our “SWO” workers stood strong and as a result none of the workers we represent were hurt,” said L. Todd Diorio, Business Manager Laborers’ Local 17.
County Manager Josh Potosek said, “The County is pleased with the outcome, which preserves continued employment for our Local 17 members.
“We were not fighting the challenge and actually held the same position as the Union. Both the County and the Union held the same position in regards to the decision by the New York State Civil Service Commission and are pleased with the Court’s decision.”