Why Bronx and Harlem Public Defenders Walked Off the Job

New York’s courts are reckoning with a second consecutive summer of strikes by public defenders and legal staff who are employed by a constellation of private non-profits represented by the Association of Legal Aid Attorneys-UAW Local 2325. 

The ongoing strikes at Neighborhood Defender Service of Harlem and Bronx Defenders are much smaller than the stoppages by seven organizations that rocked the court system last summer. But the strikes this summer have been markedly acrimonious, with no clear end in sight, and carry the potential to hobble criminal, family, housing courts in Manhattan and The Bronx. 

The nonprofits that provide free legal representation to low-income defendants rely significantly on taxpayer funds. This year, the City Council agreed to boost spending on organizations providing constitutionally mandated defense by approximately $32 million, an increase of about 12.5%. The union says that funding should more than cover its demands for raises and benefits at Neighborhood Defender Services and Bronx Defenders, but negotiations remain stalled.

This is familiar territory for staff at Bronx Defenders: They’re in the unprecedented position of going on strike for the second consecutive summer, after management proposed what the unions described as considerably higher raises for its staff attorneys than its social workers, some of whom are currently juggling caseloads of upwards of 50 clients.

On Tuesday, the Neighborhood Defender staff union filed formal charges to the National Labor Relations Board that, among other things, accused the organization’s leadership of offering “financial incentives” to employees who crossed the picket line. The organization’s unionized staff at its offices in San Marcos, Texas, and Detroit, Mich., who are also on strike, joined the complaint. 

Jesus Infante, NDS’ chief administrative officer, did not immediately respond to The City Reporter’s request for comment.

Talks resumed on Wednesday afternoon. Tony Chiarito, a Bronx Defenders spokesperson, said the organization is “hopeful that we can arrive at a fair and equitable contract that meets these realities.”

Though staff at both organizations share much of the same responsibilities and offer similar services, they have different issues at their respective bargaining tables. 

Key to the bargaining dispute at Neighborhood Defender Services is management’s proposal to for the first time force staff to contribute to healthcare costs; coupled with a proposal of yearly 1% cost-of-living increases, the union says management’s offer amounts to a pay cut.

The two sides have been bargaining regularly since their strike began on July 24, but are no closer to reaching a resolution on the issue of healthcare, said Jahnavi Bhaskar, a senior staff attorney and union member.

MORE: The United Auto Workers Is New York City’s Unlikeliest Kingmaker

“It is really the cost of living increase and the healthcare costs that they are trying to impose on our members that are the reason we are on strike,” she said. “All other issues are resolvable.”

Neighborhood Defender has said that its healthcare proposals are “highly competitive, both increase employee take-home pay, and both provide zero in-network deductibles and zero co-insurance healthcare options.”

Meanwhile, Bronx Defenders staff claim that management is proposing to decouple its attorney and social work staff into separate wage tiers — which would lock social work staff out of the substantial salary bump the organization is offering its lawyers.

Jessica Coffrin-St. Julien, an attorney with the organization’s immigration unit, said that Bronx Defenders’ offer amounted to a $10,000 starting salary bump for attorneys while cutting social workers out of the same perk. Under the current agreement, social workers and attorneys earn the same starting salary. Any changes to that arrangement, she said, is a non-starter for the union.

“We understand the need to recruit and retain attorneys who can provide the best representation for our clients,” she said. “But we do not believe that should come at the expense of our social workers, who do life-saving work.”

The organization’s social workers, particularly in the immigration unit, work substantial case loads that are out of step with their legal peers. The immigration unit has more than two dozen attorneys on staff, each with about 10 to 12 cases; that same unit only has two social workers on staff, who each currently represent upwards of 50 of those clients. 

LISTEN: FAQ NYC – The Tide Is Out and NY’s Old-Guard Dems Are Beached

Ashley Guzman and Denise Herrera, the immigration unit’s only two non-management social workers, told The City Reporter that management’s proposal was demoralizing.

“I felt undervalued,” said Herrera. “It feels like management is trying to divide us, when we all deserve to be fully compensated.” Guzman added that among the organization’s total 30-plus social workers: “We’re all pretty united on the issue” of pay parity with attorneys. 

In a statement published when the strike began on July 27, Bronx Defenders executive director Juval Scott said the raises it proposed for social workers, which would bring their starting salaries to $88,100, would place those employees “well above the statewide average for their profession.” 

Scott also acknowledged the City Council’s funding boost, but said it “is not enough to meet every union demand.”

Leaders of Neighborhood Defender Services and Bronx Defenders have said senior, non-union attorneys will pick up cases from striking attorneys. A spokesperson for the state Office of Court Administration said the agency is “closely” monitoring the situation.

“While we always hope that our courts and those they serve experience no disruptions, our entire judicial system remains committed to ensuring full operations should any arise,” the spokesperson, Al Baker, said in a statement. “For now, of course, the courts remain fully open.”

Two other legal organizations servicing low-income clients in Brooklyn and Queens courts ended a six-day strike last week after securing a deal on raises and benefits, capping a rocky two years.

The former head of Queens Defenders, Lori Zeno, on Tuesday was sentenced to 43 months in prison after pleading guilty in Brooklyn federal court in February to embezzling hundreds of thousands of dollars from the organization to fund luxury shopping sprees, vacations, and other freebies.

Our nonprofit newsroom relies on donations from readers to sustain our local reporting and keep it free for all New Yorkers. Donate to THE CITY today.

The post Why Bronx and Harlem Public Defenders Walked Off the Job appeared first on The City Reporter.