Tensions flare as public defender strike heads into second week
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Union workers at Bronx Defender Services continued to strike after bargaining sessions failed to produce a new labor contract. Screenshot via Bronx Defender Services/Instagram
By Noah Powelson
As the city’s public defender strike entered its second week, both sides of the picket line pointed the finger at one another for refusing to compromise on deals that would bring around 500 attorneys and legal staff back to work.
Union members at the Bronx Defenders and Neighborhood Defender Services of Harlem, two of the city’s major public defender organizations, continued to strike on Monday after a week of bargaining failed to produce new labor contracts. While both the unions and the organizations’ respective leaders confirmed agreements were made around pay increases and other issues, accusations of bad faith bargaining, delaying negotiations and enticing workers to cross the picket line have plagued talks.
On Monday, BxD made a public announcement claiming its most recent offer to the union included significant pay increases and cost-of-living adjustments for all staff. But the BxD union, which represents over 300 unionized workers currently on strike, declined the company’s offer made on Wednesday over disagreements on differing pay scales between attorneys and social workers, according to BxD management.
“The union's representatives claim that creating separate attorney and social work salary scales undervalues social work. We disagree,” Juval Scott, executive director of Bronx Defenders, said in a statement on Monday. “Social workers are already paid above broad regional and public sector benchmarks, and our proposal would raise their compensation further.”
“It is ironic that we are fighting with our union's representatives to pay our attorneys more,” Scott added. “And it is frustrating that the union's representatives seem to be prioritizing their own agenda over the very real day-to-day concerns of our workers, our clients, and our organization.”
In response, the BxD union – which is represented by the Association of Legal Advocates and Attorneys, UAW Local 2325 – accused management of mischaracterizing negotiations and not returning to the bargaining table.
A BxD union spokesperson said that agreements had been reached for several key issues and that the union had made counteroffers for other issues on Wednesday, which they said BxD management rejected.
“A number of items remain open, including salary, pay parity for social workers, retirement, and reprieve leave,” a BxD union spokesperson told the Eagle in an email. “At this point, we need management to come to the table and substantively engage with our proposals rather than simply reject via email while deriding the union in external and internal communications. We are hopeful that [on Tuesday] management will engage at the table and we can make progress on those issues.”
Both the BxD union and management confirmed they have scheduled another bargaining session for Tuesday morning.
Likewise, Neighborhood Defender Services of Harlem, which employs over 140 union members in the city, said it made an offer on a new labor contract that included major pay increases for all staff, but was denied by the union. NDS said disagreements around healthcare contributions and costs remain the biggest sticking point of bargaining.
Some agreements have been reached, NDS said, including an expanded mental health reimbursement fund and workplace protections.
“We believe this proposal is a fair and sustainable path forward, one that supports meaningful gains for our staff while protecting the size and strength of our teams and the quality of representation our clients depend on,” a NDS spokesperson said in a statement. “There is nothing we want more than to resolve this and get our team back together.”
NDS said it also proposed bringing in a neutral federal mediator to help bring bargaining to a resolution.
“Every additional day the strike continues affects employees, clients, and the communities that depend on our services,” the NDS spokesperson said in a statement. “Mediation offers an opportunity to move negotiations forward and bring this work stoppage to a close sooner.”
Rita Akincilar, an ALAA organizer, said the union had not outright refused including a mediator in the bargaining process, but was concerned about potential delays should they move forward with bringing a third party in.
“We are considering their request,” Akincilar said. “We needed some more time to consider it.”
Tension and frustration at NDS reached a new high last week after the union accused management of illegally offering cash bonuses to striking union members who return to work.
The NDS union claimed management offered a $500 daily bonus to striking union members willing to cross the picket line. At least one worker took the offer. The union filed unfair labor practice charges with the National Labor Relations Board on July 9, in response.
“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 at the time.
Currently, there are roughly 500 attorneys, social workers and other staff picketing outside their offices in Manhattan and the Bronx after labor contracts at BxD and NDS expired at the end of June.
Unionized attorneys at Brooklyn Defender Services, the second-largest public defender organization in the city which employs over 500 attorneys and staff in Queens and Brooklyn, went on a five-day strike last month before the union and BDS management agreed to a new contract, which union members have yet to ratify.
