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TESTIMONY
Anthony Feldmesser, Chapter Leader, United Federation of Teachers (UFT), on the Office of Administrative Trials and Hearings (OATH)'s Non-compliance with Union Negotiations and Remote Work Practices
5:23:14
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7 min
Anthony Feldmesser, representing the UFT, testifies on the Office of Administrative Trials and Hearings (OATH)'s refusal to comply with union negotiations and improper remote work practices.
- Feldmesser discusses the difficulties faced by UFT members in transitioning to remote work without compensation for equipment or support.
- He highlights OATH's deliberate non-compliance with a court order to negotiate compensation and support for remote work.
- The testimony reveals multiple instances of OATH and the Office of Labor Relations undermining labor relations and union rights.
- Feldmesser calls on the City Council to investigate OATH's labor practices and its impacts on city employees.
- The ongoing issue has led to significant litigation costs and underscores the need for better employee protection in remote work policies.
Anthony Feldmesser
5:23:14
Okay.
5:23:15
Great.
5:23:16
But I put on a nice suit and tie for you.
5:23:22
So my name is Tony Feldman, sir, and I'm the chapter leader for the UFT's Judicial Hearing Officer, chapter.
5:23:29
Representing per session hearing officers at the office of administrative trials and hearings.
5:23:35
And on behalf of the entire union and especially the members of my chapter, I would like to thank chair Lincoln wrestler and all the members of the city council's committee on governmental operations, state and federal legislation for holding today's public hearing.
5:23:49
With me is Aileen Weinerman, our union liaison, and our fierce advocate both at the union and with Oaks As background, our members are employed in oats' hearing division.
5:24:02
We provide hearings, There we go.
5:24:05
Hey.
5:24:06
Hey, Susan.
Lincoln Restler
5:24:07
Hi.
5:24:08
As
Anthony Feldmesser
5:24:09
background, our members are employed at those hearings division.
5:24:11
We provide hearings and do process to those who receive summons as issued by the city's regulatory agencies.
5:24:18
The respondents who come before us are as diverse as the city, For many, this is their first experience and perhaps their only experience with a traditional system.
5:24:27
We cannot emphasize enough how important it is for us to provide due process on behalf of the city to these individuals and entities in the public service.
5:24:36
But we are here today to call for an investigation and oversight into o labor practices in the contest context of its budget and operations.
5:24:45
Ironically, we are faced with an employer who despite being ordered to comply with city regulatory rules on our member's behalf has chosen to purposely ignore them.
5:24:56
In doing so, Othe's undermined and labor relations and union rights cheated our members by reducing their compensation and wasted city resources.
5:25:06
Before going into specifics, I would like to present in plain terms.
5:25:10
And by example, what has been going on and why oversight is important.
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Imagine that you're an employee working in an office for, I don't know, let's say, a government agency, and you're given all the equipment to perform that job.
5:25:22
From your computer to your phone to your stapler to your heat, from a desk to electricity, from Internet access to a printer.
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And then your employer kicks you out of your office and says, if you still want your job, you must find your own place to do it.
5:25:38
And supply all those things yourself.
5:25:40
And by the way, we're not going to compensate you for any cost that may arise because we kicked you out.
5:25:46
We won't even discuss it.
5:25:48
Oh, and by the way, if you can't do this, sorry, you're out of a job.
5:25:54
This in a nutshell, in the in the current province has been our members lived experience.
5:26:01
Before the pandemic, we like other city employees worked in offices throughout the five boroughs, and we like other city employees work remotely during the pandemic.
5:26:10
However, unlike other city employees, we were told one day after being led to believe otherwise, that we would not be returning to our offices and that we would have to continue to work remotely, no exceptions.
5:26:21
If one of our members could not work from home for whatever reason, They were out of a job, constructively terminated, no recourse.
5:26:31
Before the pandemic, we like other city employees were given supplies and a equipment and electronic support so we could perform our jobs.
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However, unlike other city employees, this kind of support has been deliberately withheld No exceptions, no recourse.
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And this continues today despite a court order to the contrary.
5:26:52
Once it became apparent that we would be working remotely moving forward, we made a demand to oath management to bargain in good faith over the amount of confidence station to which we were entitled due to that remote work.
5:27:03
This was not some far fetched or esoteric request.
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As our deputy commissioner likes to say, a six year old would know.
5:27:12
A six year old would know.
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That negotiations are mandatory when a management decision has an impact on employee's compensation.
5:27:20
Nevertheless, oath said no.
5:27:22
Make make us.
5:27:24
So we went to the office of collective bargaining and sued them over their failure to provide compensation for equipment and electronic systems, and otherwise bargain in good faith.
5:27:34
And despite the fact that they had no legal defenses on still said no, make us.
5:27:40
So we agreed to mediate through the office of collective bargaining at oath's own request.
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Then oath's sabotage the mediation by demanding we abandon our action as a condition condition for continuing it.
5:27:53
The mediator who had spent considerable time and effort to barely hide her anger.
5:27:58
So we went ahead with the case.
5:28:00
After months of hearings, tens of witnesses and submitting hundreds of exhibits, oath did not put on a meaningful defense.
5:28:08
Let me just emphasize the fact that this took approximately two and a half years.
5:28:14
So we won we won the decision.
5:28:18
We got a decision from the board of collective that found us entitled to compensation for equipment and support and directed oath to Bargain with us.
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And despite this, even with union negotiations going on at that very moment.
5:28:30
Oth said no.
5:28:32
Oth refused to discuss it with us and brought nothing to the table in direct violation of that order.
5:28:37
At this point, I'm going to just refer to the board of collective bargaining decision 10ocb2d14 that was issued on April 4 2023.
5:28:49
And that that will be submitted with our written testimony.
5:28:54
At this point, it's worth mentioning that the office of Labor Relays was complicit with health management at every step.
5:29:01
Their conduct fed into the campaign of the worst of employers who have tried and have failed to treat their employees as something less, not entitled to support, like gig workers, And for the record, the UFT established time.
5:29:16
And, again, that we were city employees and our city employees.
5:29:19
Absolutely.
5:29:20
Also, while there's been much this discussion about the advantages of remote work to employees.
5:29:25
Will remote work serve as a means for management, microbes, to take advantage of its dedicated workforce.
5:29:32
Within this context and in others, we hope that the city council investigates all remote work practices with an eye toward employee protection.
5:29:41
One more thing you should know about OSU's use of Citi Resources.
5:29:45
Since our union certification We've had to file no less than 7 improper practice charges and one article 78 on behalf of the chapter.
5:29:54
Oath and OLR have lost or have been forced to settle every one of them.
5:29:59
These litigations have caused oath and the city roughly $1,000,000 in awards not to mention the time and other resources invested in their efforts.
Lincoln Restler
5:30:11
Tony, thank you so much for your testimony.
5:30:13
And my only regret is that we didn't have an opportunity to hear from you before we heard from both us.
5:30:19
We would have welcome the opportunity to ask questions on this.
5:30:22
Same is true for your testimony, Susan.
5:30:24
So Well, we will absolutely follow-up with you both for more information.
5:30:29
We'd it's you know, I think you both raised really important issues that require follow-up and attention, and we'd be happy to work with each to make that happen.
5:30:41
And I just wanna thank you, Tony, for showing off that suit that jacket's sport coat and tie.
Anthony Feldmesser
5:30:45
Thank you.
5:30:46
Thank you.
5:30:47
We look forward to our continued engagement with the council on making clear oath and all those conduct toward the city's unionized employees