First group of legal services attys go on strike as deadline for mass strike approaches
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The Legal Aid Society’s union announced they are planning on terminating their collective bargaining agreement, freeing the union to issue a strike as early as July 18.Eagle file photo by Noah Powelson
By Noah Powelson
The largest public defender strike the city has seen in 30 years may start sooner than later, as a small group of legal services attorneys went on strike last week and as unions representing thousands of attorneys issued impending strike deadlines.
On Wednesday, the union representing the legal services wing of the Goddard Riverside Project officially told their members to go on strike. After union members received their final contract offer from their employer, around a dozen attorneys from Goddard walked out of the office, union representatives told the Eagle. The Goddard union strike marks what could potentially be the first of many walkouts as half a dozen attorney unions have issued their own strike deadlines.
On Tuesday, the union representing attorneys at the Legal Aid Society, the largest public attorney organization in the city, notified their employer they are terminating their collective bargaining agreement on July 18 unless a deal is made. The move isn’t the same as setting a strike deadline, but clears the way for the union to do so after the contract is terminated.
Contracts between nine city public defender organizations and their unions expired at the beginning of July, but provisions in those contracts keep them in effect until a new deal is reached. Part of the current contract between LAS and the union states members are not allowed to go on strike unless the bargaining agreement is terminated, which can only happen after either side gives a 10-day contract termination notice.
While not an official strike deadline, terminating the bargaining agreement allows the LAS union to issue a strike whenever they want, including that same day. Unless an agreement is made before then, roughly 1,100 LAS union members could start striking as early as Friday, July 18, and they won’t be the only ones.
As of reporting time, six public defender organizations represented by the Association of Legal Advocates and Attorneys, the union that represents public defenders at nearly two dozen legal services organizations, have issued strike deadlines.
The New York Legal Advocates Group and the United Justice Committee issued strike deadlines for Wednesday, July 15.
The Office of the Appellate Defender, Appellate Advocates, the Center for Appellate Litigation and Bronx Defenders have all issued strike deadlines for Friday, July 18.
“Our members are fighting for the working conditions and wages that are necessary for them to continue the essential work of representing New Yorkers and ensuring they get justice in our city’s courts,” Lisa Ohta, president of ALAA, said in a statement. “Our clients are in the crosshairs of the Trump administration and we need to make sure we can deliver critical protections to the working class. Fair contracts will let us do just that.”
A union representative for the Legal Aid Society told the Eagle that at least half of all city public defenders work for their organization, though that number varies borough by borough. In June, the LAS union said that 99 percent of their members participated in a strike authorization vote, with 91 percent voting yes.
Twyla Carter, the attorney-in-chief and chief executive officer of The Legal Aid Society, told the Eagle in a statement that progress has been made, and negotiations will continue despite termination of the collective bargaining agreement.
“Our goal remains the same, which is to reach a fair agreement that recognizes the vital contributions of our staff attorneys, and strengthens the long-term sustainability of a career at Legal Aid,” Carter said. “LAS will continue to operate in the event of a strike. If a strike is called, we will take the necessary steps to minimize the impact on the people and communities we serve.”
Jane Fox, the ALAA union chapter chair for the Legal Aid Society, told the Eagle that mounting strike pressure has helped progress bargaining for non-economic issues. Fox also said there still needs to be more progress on their demands for salary, retirement security and other workplace provisions to avoid a strike
"The power of our members coming together and saying we will authorize a strike and we will go on a strike if necessary has produced results for us," Fox told the Eagle.
The Office of the Appellate Defenders announced a strike deadline of July 18, joining five other legal aid organizations planning on starting the largest mass public defender strike in 30 years.Eagle file photo by Noah Powelson
LAS going on strike by itself could cause major disruptions and delays across all courthouses in the city, but adding the hundreds of other public defenders at other organizations could bring certain courts to a standstill. Up to 2,000 non-profit legal service workers could walk out of the job by the week’s end, according to a union spokesperson.
Union demands vary between organizations, but they generally share major similarities, such as cost-of-living adjustments, more affordable health care premiums and a higher wage floor for attorneys and non-attorney staff. Some unions are demanding other items more specific to their workplaces, such as freedom speech clauses or lowering the caseload cap per attorney.
If a mass strike does occur, the remaining supervisors and employees not on strike will take on the thousands of cases managed by their co-workers. While the impacts on the court system likely won’t be felt immediately following a strike, the sudden loss of thousands of public defenders will likely leave countless vulnerable New Yorkers unable to immediately find affordable representation.
But even with a mass strike looming, city officials haven’t shared the details of the plan they say they have to mitigate the loss in manpower.
In a statement from City Hall, a spokesperson said the Adams administration touted a recent investment of an additional $20 million into legal service providers, but did not give any specific details on how they plan to find the attorneys needed to keep courts working during a potential strike.
“To minimize disruption to the justice system, we continue to work with our other legal defense partners to prepare for any potential challenges and impact of a strike,” a city spokesperson said.
A spokesperson for the New York Office of Court Administration said they were monitoring the situation but did not say what their response to a mass strike would be.
“The UCS is aware of the situation and has been in touch with the City and the Legal Aid Society, in the hope that the work of our courts will not be disrupted, and that if there is any disruption, it will not prejudice the rights of the parties. The Courts will, of course, remain fully open,” an OCA spokesperson told the Eagle in a statement.
Without a plan, pressure to find a solution sooner rather than later continues to build as notable elected officials, including New York Attorney General Letitia James, have voiced their support for the unions’ efforts.
"Legal Aid attorneys are on the front lines of the fight for justice, defending and championing the rights of our most vulnerable New Yorkers," New York Attorney General Letitia James said in a statement. “I am proud to stand with these workers as they fight for a contract that honors their sacrifice and unwavering commitment to justice."
Advocates for the unions say a properly funded and equipped legal services sector is needed now more than ever, especially for immigrant communities, who increasingly face the threat of being detained by federal agents.
“Trump-proofing the city means bolstering our legal defenses when the Courts have been our main recourse against his attacks,” City Council Member Carmen De La Rosa, chair of the Committee on Civil Service and Labor, said in a statement. “We can afford to pay our workers. What we cannot afford is a weak NYC in the face of a federal administration out to get us and our people.”
