SUPERINTENDENTS, P.2

The probationary period he speaks of is the six months allotted by the union. If you hire a union-member and, after all your efforts, the person doesn't work out, he can be dismissed during this time without resort to the union. "If you are not sure by the fifth month," Grech writes, "don’t kid yourself. … Dismiss him/her as soon as possible." While there is generally a learning curve while a new super gets acclimated to a particular building and board, "that curve is only a matter of a month or two."

Training

With the constant changes in technology and increased maintenance requirements such as New York City's recent new ones involving lead paint, you may want to consider sending your super to school.

First, find out what he knows. "Does he have plumbing [or] electrical experience?" asks Anton Cerulli, director of management at Lawrence Properties. "Can he do a lot of these half-hour jobs so you don't have to pay hundreds of dollars to bring in a plumber or electrician every time?"

The Department of Housing, Preservation, and Development (HPD) requires that live-in supers in residential buildings with more than nine units must have an HPD-certified Superintendent Certificate. According to Margie Russell, executive director of the New York Association of Realty Managers (NYARM), who has been working with HPD on enforcing this regulation, says some 100,000 area buildings may not be in compliance. HPD grants the certificate, says a spokesperson, when the super "has satisfactorily completed a course of not less then 15 hours in the basic skills required for the performance of janitorial services – including but not limited to instruction on the operation of the central heating plant, replacement of the smoke pipe from the furnace to the chimney and the making of necessary minor repairs such as the replacement of washers and water faucets." Specific classes and other details are at the department's "Housing Education" page.

NYARM, in conjunction with New York University, additionally conducts classes for building owners, managers, supervisors and maintenance personnel, covering everything from carbon monoxide compliance to pest management, all leading to certification approved by both HPD and the New York State Division of Housing and Community Renewal (DHCR) .

Your super may not actually have to take the city's compliance course, however: A building-owner can alternately send HPD a letter certifying a super's competency to run all the building systems. This may be expedient, but it's not recommended. Does your board really want to take that responsibility?

Firing and Arbitration

In a non-union property, employees are hired and fired easily enough; the main problem is often getting the super out of his apartment in the building. Reasonable arrangements can often be negotiated with severance pay and with letters of reference as bargaining chips. In union buildings. the contract specifies the number of weeks' severance required; after 11 years, it's a flat 15 weeks' pay.

Is it too late to fire someone who has worked in your building for 15 or 20 years? "Absolutely not," says Cerulli. "It just means a higher severance.... I've seen numbers go from $10,000 to $15,000 to $25,000 for a 15-year super, depending on how badly the co-op or condo wants to terminate this and get on with its life."

In a union building, it's essential to have a paper trail and to give the super documented opportunities to correct any issues. It's a process that may culminate in suspension and may take several months. But RAB attorney Finn notes that, "The union is choosing not to bring as many cases to arbitration as it did before. By law, the union is obligated to investigate if an employee brings a grievance to them, but, based on their findings and on the building's proper handling of the process, they may decide not to arbitrate the building's decision."

Arbitration is actually conducted like a trial, but with the arbitrator granted more latitude than a judge in making decisions. "The arbitrator deals with the issue of whether or not the employee was properly discharged, and is empowered to do one of three things: say there was no reason to discharge and reinstate with full back pay; say there was reason to discipline and award reinstatement with no back pay; or say the person was properly discharged and, most times, award the severance pay that is listed in the contract."

From the super's point of view, he's in a better negotiating position before arbitration. But, if his case does go to arbitration, the proceedings are in total confidence. Once in arbitration, Finn notes that "usually the building wins" because of a very important part of the contract.

"It says that, in the event of an arbitration, the arbitrator is directed to look at the need for cooperation between the employer and the super. That recognizes the superintendent is unlike any other building service employee. There is an understanding that such items as courtesy and respect and cooperation are very much a part of his job."

Adapted from Habitat January 2008. Additional reporting by Frank Lovece. For the complete article and more, join our Archive >>

Photo by Renee Serlin