Unionist October 2011 (1)

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Volume 41 • Number 9

October 2011

Ofcial Publication o Social Service Employees Union Local 371-DC 37 AFSCME, AFL-CIO www.sseu371.org

F

ormer Family Court Judge Ronald

Richter has taken the helm at the Administration or Children’s Servic-es, and the thousands o SSEU Local 371members in that agency have a ew sugges-tions or him.

Central to workers’ concerns is a newmandate that feld sta carry agency-issuedcell phones with GPS tracking, whichmembers ear will be used to discipline themand believe sends a message o distrust tothe workorce. This new order comes asthe Brooklyn District Attorney’s Ofce hassubpoenaed 14 o our members as it widens

its investigation into ACS practices.On top o that, despite the Union’s

successully campaign to save programsoered under the Teenage Services Act(TASA) rom City budget cuts last year,these programs are threatened under theGovernor’s Medicaid redesign plan.

More Open?

On the positive side, workers do havethe eeling that Richter may be more opento sta input about how to reorm ACS in

order to raise morale and improve condi-tions. Union Delegate and Bronx-basedChild Protective Supervisor II Sandi Salasnoted that she already spotted him mak-ing the rounds at locations and talking toindividual workers, unlike his predeces-sor who only talked to workers who werehandpicked by location management, andthus unable to give a more candid accounto working conditions.

Injustice at DoITT Latino Heritage Celebration Due Process for Provisionals Page 3 Pages 4-5 Page 7

Mr. Rhtr, Tak Not

Child Welfare Workers Have SomeIdeas for the New ACS Chief

“We need to have a commissioner whohears us, and hopeully he will come to hearrom sta,” she said during a recent BCW Chapter meeting at Union headquarters.“Being a Judge, I think he’s more open.”

One o the last acts o the previous com-missioner was to mandate that ACS feld workers carry cell phones with GPS track-ing in order to record where workers areat all times. The membership wants new

language added to the mandate saying thatit won’t be used to discipline workers, andUnion lawyers are reviewing the legality o the order.

In response to this policy, the BCW Chapter voted that members should not doany voluntary overtime to send ACS man-agement the message that the GPS systemis unacceptable.

Sandi Salas said she hoped that the new commissioner would hear ideas rom veteran workers like hersel.

Continued on page 3

P a t A r n o w



2 The Unionist | October 2011

OcTObeR

18 Alumni Association Meeting: 2:00 p.m.Union Oce, 12th Floor

19 Delegate Assembly Meeting: 6:30 p.m. Advance Realty Building, 235 West 23rdStreet in Manhattan

26 Political Action Committee Meeting: 6:30 p.m. Union Oce, 12th Floor

26 Civilians in Law Enforcement Meeting: 6:30 p.m. Union Oce, 15th Floor

NOveMbeR

2 Executive Committee Meeting: 6:30 p.m.Union Oce, 12th Floor

8 Concerned Social Workers Meeting:

6:30 p.m. Union Oce, 12th Floor

9 Women’s Committee Meeting: 6:30 p.m.Union Oce, 12th Floor

15 Alumni Association Meeting: 2:00 p.m.Union Oce, 12th Floor

16 Delegate Assembly Meeting: 6:30 p.m. Advance Realty Building, 235 West 23rdStreet in Manhattan

23 Political Action Committee Meeting: 6:30 p.m. Union Oce, 12th Floor

23 Civilians in Law Enforcement Meeting: 6:30 p.m. Union Oce, 15th Floor

CALENDAR

Published monthly except or a combined issue in July/ August and a Supplement in January by the SocialService Employees Union Local 371, District Council 37,

AFSCME, AFL-CIO. Subscription Price $2.00 annually.Periodical postage paid at New York, N.Y.

POSTMASTER: Please send address changes to: TheUnionist, SSEU Local 371, 817 Broadway, N.Y., N.Y. 10003.

USPS# 348990 (212) 677-3900ISSN# 0041-7092

President Anthony Wells

Executive Vice President Yolanda Pumarejo

Secretary-TreasurerJoe Nazario

V.P. Negotiations & ResearchRose Lovaglio-Miller

V.P. Organization & EducationIngrid Beaumont

V.P. Grievances & Legal ServicesLloyd Permaul

V.P. Publicity & Community RelationsPatricia Chardavoyne

V.P. Legislation & Political ActionMichelle Akyempong

Trustees Vincent Ciccarello Yolanda DeJesusMelva Scarborough

Editor Ari Paul

Visit us on the web at www.sseu371.org

A Fall Fight back

A

utumn is upon us, and with the leaveschanging colors and alling rom the

trees, many new changes and challengeshave come to our members. Let’s not oolourselves: It isn’t pretty.

We mounted a fght back against the Departmento Inormation Technology and Telecommunica-tion’s heartless termination o 18 dedicated 311call center workers. We met with City ofcials and worked with our attorneys to stop the cuts. We dideverything in our power. While we were unable tosave these specifc jobs, we are currently assistingthese members with fnding spots in other agencies.

In the Administration or Children’s Services, we ace new challenges and a new commissioner. We had a rank discussion with him concerningthe issues acing our workers and it was a positivefrst step. However, what remains are heavy caseloads, low morale and most

disturbingly, a new policy mandating child protectivesta to carry phones with GPS that allow the agency to track our members.

The GPS policy is unnecessary, insulting anddemeaning. It is a distasteul letover the previouscommissioner gave to us just beore he went outthe door. We are vehemently opposed to the policy and supportive o the BCW Chapter’s position notto do any voluntary overtime while the policy is ineect. This is how we fght back. We came together,

energize each other and decide a course o action. As we take action on the GPS issue, the Occupy Wall Street movement gains

momentum. We support that protest because the people are doing something,not just complaining. They are angry and energized. They are becoming moreorganized and their message is being heard: Main Street is hurting and Wall Streetis not helping.

It will continue to be a challenging road ahead, but this Union has always oundinspiration in its ability to conront management. We are strong because o ourinormed membership. We are strong because our membership is willing and ableto fght back. We will fght back because WE – all o us – are the Union.

– Anthony Wells

Sup II and Sup III Exam VictoryThe Union and the City have settled the lawsuit we led in regards to the Sup II and Sup III

promotional exams.

Our problem was that provisional employees were given an advantage while people who

did not supervise anyone were at a disadvantage, due to the fawed point system.

The City will redo the exams as a result. Let ters will be mailed to those candidates who

led or the exam so they can get their money back or take the exam again.

We are strong

because o

our inormed

membership.

“

”



October 2011 | The Unionist 3

DITT Does IT Wrong

Unconscionable Layoffs Hit Members at 311eRliNe PieRRe is eight monthspregnant and has worked a decade in City service. But the City doesn’t care.

Pierre is one o 18 Community Coordi-nators at the 311 call center in downtownBrooklyn who were told September 23that they would be laid o in two weeks’time, and then escorted out o the build-ing by security ofcers in a humiliatingand degrading ashion.

Pierre, who previously worked at theDepartment or the Aging beore com-ing to the Department o Inormation Technology and Telecommunications(DoITT), could be without health insur-ance right as she is about to bring another

lie into this world, unless, o course, sheuses COBRA to extend her insurancecoverage, a pricey option in today’s world.

“It’s very devastating,” she said.

Looking Elsewhere

Pierre added that between getting laido and previously having to struggle with her managers or time o to see herdoctor while working at DoITT, she ismore inclined to look or jobs in otheragencies.

“I I had a choice, I’d rather go some- where else,” she said.SSEU Local 371 ought to stop the

layos. The Union fled a Step 3 griev-ance regarding the terminations, arguingthat the agency did not ollow the propertermination procedure. Further, theUnion brought up Equal EmploymentOpportunity concerns, as an overwhelm-ing number o workers on the choppingblock are women.

A Model Worker

Kayon Rose, who has worked atDoITT or 10 years, said she loved her job at the 311 call center and it showed.

“I was never late and never written up,”she explained. “That is unheard o in 311.”

But the humiliation o both being ter-minated and made to eel like a security threat was still painul, she said, adding,“I eel l ike dog ood.”

The Union isn’t the only entity upsetby the layos. In an editorial, The Chief-

Leader wrote, “The inexcusably clumsy

Erline Pierre is one o the dedicated workers who was terminated this month.

“I’m a little oended,” said Child Pro-tective Specialist Danette Ruiz, who hasthree years on the job. “It’s like they don’ttrust us. It invades our privacy.”

Vice President o Research and Negotia-tions Rose Lovaglio-Miller noted that atpresent workers would be held responsiblei they lost their phones, and she is cur-rently speaking with the agency about thisconcern.

“We fnd it to be disgusting, oensive,”President Anthony Wells said o therequirement. “It intereres with the client/ worker relationship. You’re bringing stressto an already stressed environment.”

Eyes on the DA

Workers have also voiced concernsabout a widening investigation o theagency by the Brooklyn District Attor-ney’s Ofce. Fourteen SSEU Local 371members were subpoenaed in order or

the ofce to understand their jobs; it is

the Union’s understanding that they werepicked at random.

The ear is that this will lead to moreblame being placed on workers ratherthan management. The Union is stilldealing with the baseless charges o negligent homicide against two ormermembers in the tragic case o 4-year-old Marchella Pierce.

ACS workers are bogged down not only with excessive caseloads, but also moun-tains o bureaucratic procedures that keepthem rom spending enough time in thefeld. Delegate Sheila McCrae noted thatsupervisors can spend up to an hour in arequired meeting with a worker and typingup a report on that meeting.

So i she has fve meetings in a week,that’s fve hours a week she can’t devote tomore pressing matters aecting clients inthe feld.

“It’s really overwhelming,” she said.“We can’t do the case work because we’re

required to do all these other things.”

Child Welfare WorkersContinued rom page 1

Continued on page 6

D a v e S a n d e r s




treatment o those 18 workers will donothing to dispel the growing perceptionthat [Mayor Michael] Bloomberg is in-sensitive to those who would ft under theheading o ordinary New Yorkers. Nor is it

going to be helpul to morale among those

who remain on the payroll at DoITT, which counts or something when you’reasking sta to do more with less.”

During a meeting at the Union’s head-quarters, the members expressed their earand outrage about the cuts. In the two

weeks ater the terminations were handed

down Union ofcers ocused their energieson these members.

“How can the City layo these workers when it it still throwing money down thedrain on disastrous projects such as City- Time?” asked President Anthony Wells.

“There is no excuse or these job losses.”

Unconscionable Layoffs Hit Members at 311

The Union is working hard to fnd other open spots or these members in other agencies. One worker has already been relocated.

Continued rom page 3

Scholarship Winner

Annabel Hidalgo, daughter of SSEU Local 371 member Margarita

Minino, received a $1,000 scholarship from the Human Resources

Administration/Latino Heritage fund September 28. An early

childhood education major at Hostos Community College, she said

she is committed to getting a higher education like her mother.

She also urged other members’ children to apply for this

scholarship. For more information about this award, contact

Eduardo Sanchez at (718) 963-5167.

Fighting CancerSSEU Local 371 members will be participating

in walk to help fght breast cancer in Central

Park October 16. This disease doesn’t only

aect women, but also men. The members are

walking with survivors and or those who ought

the good fght and did not survive. This group

o members has raised more than $500 orthe American Cancer Society and will continue

to support this organization, which provides

services or those in need.

SSEU Local 371 members and ocers traveled to

Milwaukee, Wis. or the American Federation o

State, County and Municipal Employees Women’s

Convention last month.

While the event allowed our members to meet and

work with members rom all around the country,

the location had special signicance. Wisconsin

is where the world watched thousands o workers

and labor supporters resist the Republican-led

assault on the rights o public-sector unions.

“Being there was really inspiring,” said Vice

President o Publicity and Community Relations

Patricia Chardavoyne, who attended the convention.

“This Union has captured the spirit o the Wisconsin

protests and brought it back to New York City.”

AFSCME Women’s Convention: Local 371 Present!

D a v e S a n d e r s



October 2011 | The Unionist 7

Restoring Due Process Rights for Provisionals

Following lengthy negotiationsbetween the City and DC 37, dueprocess protections against wrongul

disciplinary action have been restored tonumerous long-term provisional employ-

ees under the Due Process Agreement orProvisionals.

In 2008, New York’s highest court dealta harsh blow to provisional employees by stripping away collectively bargained dueprocess rights that had prohibited the City rom taking wrongul disciplinary actionsagainst them. For years, the collectivebargaining agreement protected employ-ees who were classifed as “provisionals”—persons who worked in a competitivetitle but were not hired rom an existingcivil service list or that title. Provisionalemployees with more than two years o service in the same or similar title wereentitled to protections under the contractthat were similar to those provided to per-manent employees. This required the City to provide such provisionals with writtendisciplinary charges and a ormal grievancearbitration procedure.

Nine Month Policy

Under the civil service law, provisionalappointments must be temporary, up to

a maximum o nine months. In practice,however, the City has long had thousandso provisionals working or years beyondthe nine month maximum because Depart-ment o Citywide Administrative Services(DCAS) had either ailed to establish civilservice lists by regularly holding examsor because DCAS was slow to hire o anestablished list. In that context, Unions ne-gotiated due process rights or provisionalto help ensure that all employees, whetherprovisional or permanent, were treated

airly; provisionals could not be takenadvantage o or summarily fred simply because o provisional status.

But in a 2008 court case known as Long Beach, the Court o Appeals ound thatthe due process protections or provision-al employees were contradictory to themerit and ftness in civil service requiredby the state constitution. The civil servicesystem has long sought airness and com-petency in hiring through lists establishedrom competitive civil service exams. According to the court, the provisional

protections in collective bargaining agree-

ments acted to discourage hiring romcivil service lists. As a result, the Court o Appeals invalidated those protections inevery collecting bargain-ing agreement across the

State and City.However, rather than

ensuring that the City more expeditiously hiredrom existing civil servicelists, or established newones, the immediate eecto the 2008 court decision was to jeopardize the jobsecurity o thousands o provisionals who had been working or the City or years. City agencies wereonce again ree to fre provisionals without providing them any rea-son or doing so and provisionals, who nolonger had a right to disciplinary chargesor arbitration, had little to no recourse tochallenge such discharges.

Over the past three years since Long Beach was decided the City has acted to re-duce the need or provisionally appointedemployees by hiring more people romcivil service lists. While many provisionals who were on those civil service lists were

able to keep their positions and becomepermanent, there still remains a signifcantnumber o provisionals in City service. The Union has long argued that workersregardless o status—whether non-com-petitive or competitive, and i competitive, whether appointed on a provisional basisor certifed as permanent—deserve jobprotections that ensure their dignity andprevent abuse by management.

Progress, For Now

The new Due Process Agreement orProvisionals addresses the concern citedby the state’s highest court to encourageair and competent hiring through the civilservice system while providing due pro-cess protection to workers where no civilservice list is available.

Under the new agreement, in order or amayoral agency to discipline or dischargeany eligible provisional employee, it mustserve written charges and aord the em-ployee an opportunity to be heard, witha right to appeal through the disciplinary

procedures that lead to arbitration. Eli-

gible provisional employees under the newplan are those who have served or morethan two years in the same or similar title

within the same agency AND where there is not

an active civil service listor that title. Additionally,there can be no break inprovisional service greaterthan 31 days with certainspecifc exceptions; andprovisional service eligi-bility cannot be achievedby aggregating periodso prior provisional andprior permanent service.So the key compromise o the plan is to provide dueprocess disciplinary protec-

tions to long-term provisionals in titles or which DCAS has not established an activecivil service list, encouraging expeditiousand competitive hiring whenever a list hasbeen established.

Because not every provisional is coveredunder the new plan, the Union encouragesits members to take civil service exams whenever oered by DCAS or posi-tions or which they may be qualifed. A provisional’s eligibility under the plan is

dependent upon whether or not there is anactive list. Provisionals should be careulto note that just because they might nowbe eligible because there is not a currentlist or their title, does not mean that theCity will not establish one in the uture. The Union routinely alerts the member-ship to civil service exams in covered titlesand, in many instances, provides courses toprepare or them.

Although the current plan coversmayoral agencies, the Union is commit-

ted to negotiating with HHC and othernon-mayoral agencies to achieve a similarplan to cover their provisional employees. Ater three years o negotiations, the DueProcess Agreement or Provisionals is a victory or the Union and its members.

–Lloyd Permaul, VP of Grievances and Legal Services

If you have questions, or if you have been subject to discipline or discharge as a provisional and believe that you may have rights under theDue Process Agreement for Provisionals, please

contact Grievances and Legal Services.




Social Service Employees Union

Local 371

817 Broadway

New York, N.Y. 10003

Periodicals Postage

Paid at New York, NY

sseU lOcAl 371 rallied in solidarity October 4 in City Hall Park to protest theplanned termination o more than 700 o our brothers and sisters at the Departmento Education.

These vital workers in the schools aremembers o District Council 37 Local 372,and they are acing the gruesome budgetaxe while the Mayor reuses to cut wasteulprivate contracts or consider raising taxes onthe wealthiest citizens.

“It is an outrage that City Hall would

lay o these workers, who are necessary toeducating our children, while still pursingthe multi-million dollar losing CityTimeprogram,” said President Anthony Wells.

The protest came during a time o in-creased public anger at the austerity mea-sures the City and State have heaped onthe people. The members o the Public

Solidarity With DOE Workers, andOther Campaigns

SWAP- Community Assistant at 78 Catherine Street

would like to swap with Community Assistant at 300

Skillman Avenue, Brooklyn, NY. I interested, please call

(212) 877-4434.

SWAP- AJOS at (Center 67) 45 Hoyt Street, Brooklyn, NY

would like to swap with AJOS at (Center 54) 165-08 88th

Street, Jamaica, NY. I interested, please contact (347)

995-6127.

SWAP- Caseworker at OCSE in Manhattan would like toswap with Field Caseworker in HASA in Brooklyn or any

non-eld position in Brooklyn or Manhattan. I interested,

please call (917) 723-0956.

SWAP- Caseworker at HASA in Manhattan Homemak-

ing Unit non-eld position. Would like to swap with

Caseworker in Queens. I interested, please contact (212)

620-9817.

SWAP- AJOS worker at Center 99 in Richmond, Staten Is-

land would like to swap sites to 109 East 16th Street, New

York, NY. I interested, please contact (347) 398-4891.

SWAP- Caseworker at HASA Queensboro Oce located

at 33-28 Northern Blvd, LIC, would like to swap to HASA/

Greenwood or HASA/ Brownsville. I interested, please call

(917) 226-5931.

SWAP- Supervisor I at APS in Manhattan (South) would

like to swap with a non-eld Supervisor I position in lower

downtown Manhattan or upper midtown Manhattan. I

interested, please call (212) 971-2651.

SWAP- AJOS I in the Fair Hearing Unite at 32-20 North-

ern Blvd, LIC, NY would like to swap with AJOS I at Center

54, Jamaica, NY. I interested, please call (917) 684-3498.

FOR SALE: Large ceiling xture, stereo record player,

dolly, luggage, dishes, pots, glassware, git items, never

worn size small ladies’ clothes including dark brown

borghese aux ur jacket, books, new cordless phone with

clock radio, and lots more. Call (718) 430-1796.

BULLETIN BOARDMEMBERS’

Condolences are extended to the amily and riends o

Yvonne Martin, Fraud Investigator assigned to the Applica-

tion Division o 250 Livingston Street in Brooklyn, who died

October 3. Condolences may be sent to her husband Owen

Martin, 2698 8th Avenue, Apt. 18D, New York, NY 10030

CongratulationsCongratulations to VP o Legislation and Political Action

Michelle Akyempong on her re-election as Secretary o

the Richmond County Democratic Committee.

Employees Federation rejected their conces-sionary contract with the State, and Gover-nor Andrew Cuomo is working with PEF tocome to a new agreement and avoid layos.

In addition, the State and City have fleda lawsuit against a major Wall Street player,the Bank o New York Mellon, alleging thatit cheated its pension unds through over-charging oreign exchange ees or the last10 years. The New York Times reportedthat, “those aected by the bank’s actions were pension unds operated by the State

University o New York and New York City retirees, as well as thousands o investmentunds…”

Meanwhile, thousands continue to pourinto lower Manhattan or the ongoing Oc-cupy Wall Street protests, where many aredemanding that higher taxes be placed onthe richest 1 percent.

Condolences

African American Day Parade

SSEU Local 371 members and their amilies turned out or the annual Arican American Day Parade in Harlem September 17.DC 37 Executive Director Lillian Roberts received recognition or her lielong commitment to the labor movement.

P a t A r n o w

Get In Touch

Do you have questions or the ocers? Is there

something going on in the eld you think the o-

cers need to hear about? Do you have suggestions

on how the Union can better wage our campaigns?

I so, we want to hear rom you!

Contact Patricia Chardavoyne, Vice President o

Publicity and Community Relations, either through

the main switchboard, or by emailing pchardavoyne

@sseu371.org.

You, the members, are the backbone o this Union.

We need your input.

Documents

Unionist October 2011 (1)