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NYC 9/11 Public Portal Document

00/30/2000 10:30 212-306-7732 JAMES HANLEY COMM PAGE @3/03

Although Local 15 said its members were not refusing to do the work, there is a likelihood that this union would react in the event that any one of its members is ordered to work in the areas requiring the PPE.

Much publicity has already been generated around the upstate watershed facilities. On March 31, 2000, OLR held a labor management meeting with DC 37 and other unions during which the DEP's "Mercury Task Force" (Lynn Sadosky), outside counsel (Paul Schechtman) and Corporation Counsel (Susan Kath) were on hand to discuss the environmental test results performed in the context of the criminal investigation.

DEP has received an Administrative Order from the U.S. EPA with respect to remediation work that will be done at Shafts 9, 10, 17 and 19. This phase requires PEP to develop a plan to provide employees or their lawful representatives with updates on progress of the work performed under the Order, the results of air monitoring, and notice of other potential contamination concerns, should they occur.

The City's exposure would be from the adverse publicity attached to any reports that employees are refusing to perform work under allegedly hazardous conditions involving contaminants surrounding the City's drinking water. The Union would only have to file a IRO to attempt to stop their members from having to perform this work. Whether or not the Union succeeds, the damage may come from a public relations aspect.

OLR recommends that DEP consult with Susan Kath of the Law Department to determine whether or not the work expected to be performed by Oilers and other DEP employees is prudent given the potential environmental condition of these facilities.

c: Gayle Gavin Ralph Pavia Richard Yates

DEP Oilcn.doc

NYC-WTC 000137637