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Law & Organizing: Cardcheck Law Aids Trenton Prosecutors in Unionizing

On a mid-October morning, what you might call Michelle Gasparian's work station includes a sawed-off shotgun, baggies of marijuana, several kitchen scales, a cigar box, a shoe box, a couple of Polaroids and stacks of reports.

One by one, the Trenton, N.J. prosecutor hands the items to the detective on the witness stand. Her meticulous questions establish when, where and how he found each piece of evidence and who marked and signed the paperwork.

It was slow, tedious testimony, not - as the affable judge later told a group of high school students who watched the court session - the drama you see on "Law and Order."

But for Gasparian and other Mercer County, N.J., assistant prosecutors who recently joined CWA Local 1034, it's anything but dull. Ask them about their work and they're animated, happy and proud.

"It's a really exciting job. I feel blessed to have it," says Gasparian, who led the campaign to organize and is affectionately nicknamed "Norma Rae." "It's competitive. The courtroom experience is bar none."

On a court day like this one, Gasparian only has time to dash into her tiny office for a package of a crackers, her arms full of three-ring binders, before spending her lunch hour meeting with a case investigator.

The offices in the 1950s annex to the 1903 courthouse are cramped, sometimes shared, the ceilings low, walls scarred and the worn carpets repaired in spots with duct tape.

It's a far cry from the prestigious law firm where Gasparian's colleague and fellow bargaining team member Jim Scott used to work. But after September 11, he felt drawn to public service and left his high-paying job as an environmental lawyer representing Fortune 50 companies.

He hasn't regretted a minute of it. "This is the best place I've ever worked and the best job I've ever had," he says.

Scott and others have had only one major complaint, and that's what led them to seek a union: the size of their paychecks.

Pioneering Prosecutors
The 37 prosecutors - who can boast a conviction rate above 90 percent - are the state's first workers organized since acting New Jersey Governor Richard Codey signed what's known as the cardcheck law in July.

Under the law, when a majority of public employees signs union authorization cards, the employer must recognize the workers as a bargaining unit. CWA has used cardcheck successfully with cooperative employers across the country, most notably an ongoing campaign to organize thousands of Cingular Wireless workers.

CWA and fellow unions are fighting for a federal version of the bill, known as the Employee Free Choice Act. The bill has growing support in Congress and will be the focus of labor movement activities on Dec. 10, International Human Rights Day.

Ironically, Gasparian and her colleagues didn't know anything about the New Jersey law when they contacted Local 1034 in August. Frustrated by pay disparity - many detectives in the prosecutors' office make thousands more than the lawyers - they had long talked about organizing.

"Management here was receptive, even encouraging," says Gasparian, whose salary is more than $10,000 less than detectives with the same years on the job are paid. "They'd been unable to secure for us (with the county) what they'd hoped to do. So I sort of took the ball and ran with it."

Without a bump in pay, managers and prosecutors alike were concerned about losing talented lawyers to private practice or the U.S. attorney's office. And that could mean more criminals on the street.

"We're going up against attorneys with 20 years of experience, and the people expect us to win," Scott says. "You need experienced, competent, skilled prosecutors to do that."

Other workers in the Trenton courthouse are represented by Local 1034 and Gasparian had heard them speak highly of the union. Soon she and her colleagues, including her husband, a fellow prosecutor and bargaining team member, were sitting down with Local President Carla Katz.

As organizing drives go, it was a breeze: cards were signed and collected, union and management sat down with the Public Employment Relations Commission and 10 minutes later an agreement was reached recognizing the new bargaining unit.

Negotiations are expected to get underway soon and Gasparian is optimistic that a contract will bring a healthy pay raise. She's also hopeful that power in numbers will prevent further rollbacks in medical benefits. "There have been situations, because we haven't been affiliated, when we've had hikes in premiums and we had to absorb it," she says. "We had no say."

More Organizing Ahead
Gasparian recently spoke at New Jersey's AFL-CIO convention about her new union and the prospect of Local 1034 organizing prosecutors in the state's 20 other counties. "I hope they're emboldened by the success of our venture," she says.

Katz said her local already has members working in courthouses in every county, making prosecutors a good fit. And it appears many are eager to join. "The Mercer County group went to a statewide prosecutors convention and everyone had heard about it, about them joining the union," she says.

Still, Gasparian said some attorneys are hesitant about joining a union, hanging onto the notion that it's not something "professionals" should do. But like every good lawyer, she's got an argument at the ready: "I don't think there's any nobility in being a professional and being disenfranchised because of it," she says. "It only means something if you're afforded commensurate benefits."

Her colleague, Scott, who'd been on the partner track at his law firm before changing careers, was one of those who never imagined joining a union.

"I never thought I would," he says. "But now I feel very fortunate to be part of CWA."