Many members have inquired about the FLSA/Rank Credit court proceedings. The matter is being handled by an outside law firm not directly affiliated with the Union which is the reason Union representatives were unable to provide specific updates. The Unions met with the Attorneys handling the matter this week and Attorney Geiger provided the Union a statement and update to the proceedings included below.
RANK CREDIT LAWSUIT (Update from Paul Geiger):
On October 27, 2022, the Union met with the attorneys handling the Federal Court class action about the City’s failure to pay rank credit when supervisors worked program overtime such as VRI and SDI. The lawsuit has been pending for seven years, with the City’s private law firm requesting thirteen continuances and the plaintiffs filing nine motions to compel to address the City’s repeated discovery violations. Nevertheless, the plaintiffs were 100% successful on the rank credit issue and summary judgment has been granted for us on liability. The lawyers are now working on damages discovery and are again facing the usual delays from the City. Damages on the rank credit claim go back to 2007 and the law provides monthly penalty interest. The City has not made any effort to settle the case, even though its primary argument was that the word “works” in 20.10 of the CBA is ambiguous. The District Court did not buy it. In any event, the Union is in regular contact with the attorneys on the case and will provide updates as they become available.
