Public defender org accused of illegally offering cash bonuses to disrupt strike

The union that represents Neighborhood Defender Services of Harlem accused management of offering cash bonuses to staff who cross the picket line. Screenshot via Neighborhood Defender Services Union/Instagram

By Noah Powelson

A public defender union has accused its employer of offering cash incentives to members who cross the picket line as a mass legal aid strike continues across the city.

The union that represents attorneys and staff at Neighborhood Defender Services of Harlem accused NDS’ management of illegally offering a $500 daily bonus to striking union members who return to work. In response, the union has filed unfair labor practice charges with the National Labor Relations Board, accusing management of attempting to illegally disrupt and prolong the strike.

A spokesperson for the NDS union, who are represented by the Association of Legal Advocates and Attorneys – UAW Local 2325, said the financial bonus was offered to certain members after the strike broke out on Friday, and at least one had taken the offer.

The union also alleged NDS management changed its sick leave policy without consulting the union the day the strike began. The new policy requires all employees to provide a doctor’s note to get sick days approved.

The union claims both actions violated federal labor law and the terms of their original labor contract, which expired on June 30.

“The fact that we must now endure management’s illegal activity – the new policies clearly designed to undermine the strike and prolong negotiations – rather than meeting us in good faith at the bargaining table, is unacceptable,” Yousif Yokhanna, a member of the union’s bargaining committee, said in a statement. “Management must end its illegal practices immediately and work to resolve our contract dispute as required by federal labor law.”

NDS did not respond to multiple requests for comment for this story.

The NDS union issued a strike on July 24 after months of bargaining failed to produce a new labor contract, bringing over 100 attorney and non-attorney staff to the picket line. NDS also has offices in Texas and Michigan, where union members have likewise staged their own picket lines.

In its first week on the picket line, the NDS union has seen several elected officials join the them in solidarity, including Queens Assemblymember Claire Valdez, Brooklyn City Councilmember Chi Ossé and Democratic congressional candidate Darializa Avila Chevalier, who previously worked at NDS Harlem as an investigator.

The union said it is demanding increased wages, a cost-of-living-adjustment and a no-premium, no-deductible health insurance plan for staff in their new contract.

Alongside NDS, unionized workers at Bronx Defenders are also currently on strike. The over 300 BxD attorneys and staff have been on strike since Monday, and reportedly had another bargaining session scheduled for Wednesday afternoon.

Union members at Brooklyn Defender Services, who represent clients in Queens and Brooklyn, were also recently on strike before they reached a tentative agreement. Their strike was called off on July 22, and members will soon vote to officially ratify the new labor contract.