Volume 41 Number 8 September 2011

Official Publication of Social Service Employees Union Local 371-DC 37 AFSCME, AFL-CIO

www.sseu371.org

The Struggle to Save CASA

art of Governor Andrew Cuomos Medicaid reform plan would essentially destroy the Community Alternative Systems Agency (CASA), which through 15 offices in the Cityprovides home-based care for the elderly and disabled. If Cuomo has his way, thousands of people who depend on elderly-care will be moved out of their homes and into managed-care facilities. Seven hundred social service workers, most of whom are SSEU Local 371 memberswould lose their jobs. Simply put, this is a lose-lose situation for the State. People in need of elderly care would suffer by having to leave the safety of their homes and communities and go into the hands of managed care, while hardworking civil servants would be forced to join the ranks of the unemployed. This cant be what the Cuomo administration has in mind for the state, can it?

from the satisfaction I see. The people are happy to see you. Its a comfortable environment, he said of home-based care. They get personal care with us. Vice President of Publicity and Community Relations Patricia Chardavoyne said that the Union would also reach out to senior care advocates to form a united fight back campaign. Advocates for the elderly are aware that home-based care is preferable to being in a managed-care facility, she said. The workers stand with the clients.

SSEU Local 371 members who work in CASA should be involved in the fight back campaign. Talk to organizers about how to get the word out, and get in touch with the Legislation and Political Action section. We want the rank-and-file membership to speak directly to the people in power who can save CASA. Ill go to demonstrations, and if we have to talk to people, Ill do that, Sweeney said. Politicians? Im going to tell them how I feel. He added, Deep down, this is some of Gods work.

On the Front Line: Anthony Sweeney

Some people get a job they dont care about, put in a days work, take the paycheck and go home. Not Anthony Sweeney. Its hard, stressful work, but rewarding, he said. Caseworkers in the agency work directly with patients who are home-bound often because of debilitating conditions, making sure they are receiving the care they need. For Sweeney, there is a reason CASA exists for these people: they are better off under the supervision of people like him so that they can stay in the comfort and safety of their homes rather than live at the hands in a sterile managed-care facility.
Sam Lewis

in home-based care. I wanted to do something for the common good, he said. Sweeney, like many other front line CASA workers, spends half his time in the office dealing with the voluminous paperwork associated with his cases, and the other half in the field dealing one-on-one with clients. Sometimes, you get an emergency call, and you have to respond, Sweeney explained. With the governors plan to do away with the program, Sweeney is worried for his job and for the future of his clients. He is attending SSEU Local 371 functions and organizing his co-workers for the Union fight-back campaign. This is major, he said.

Reaching Out
We are reaching out to all of our allies in the government on the State and City levels to right this wrong, said Vice President of Legislation Michelle Akyempong. I think most lawmakers will see that this is a raw deal for the elderly. Akyempong urged members to get involved in the fight back campaign whether by writing letters to City and State lawmakers or by attending demonstrations. She believed that there would be a special lobby day to focus on saving CASA. Anthony Sweeney, a CASA Caseworker for 10 years, loves his job despite the heavy caseload. Most of the people I work with have a heart, and we are concerned about the people we serve. Thats beneficial to the client, of course, he said. I benefit

For 10 years, hes a been a Caseworker at CASA, assisting the elderly and disabled

Stopping Workplace Violence

Page 3

Rights for Non-Competitive Workers

Page 5

ACS Tracking Our Members

Page 8

CALENDAR
SepTember
12 Latino Heritage Meeting: 6:30 p.m. Union Office, 12th Floor 13 HPD Meeting: 6:30 p.m. Union Office, 12th Floor 14 Womens Committee Meeting: 6:30 p.m. Union Office, 12th Floor 20 Alumni Association Meeting: 2:00 p.m. Union Office, 12th Floor 21 Delegate Assembly Meeting: 6:30 p.m. Advance Realty Building, 235 West 23rd Street in Manhattan 22 Shelter Chapter Meeting: 6:30 p.m. Union Office, 12th Floor 23 Latino Heritage Celebration: 6:00 p.m. 125 Barclay Street, Manhattan 28 Political Action Committee Meeting: 6:30 p.m. Union Office, 12th Floor 28 Civilians in Law Enforcement Meeting: 6:30 p.m. Union Office, 15th Floor

moving Forward
he summer is over and what a summer it was: Record heat, an earthquake and a hurricane. And this month we reflected on the 10th anniversary of 9/11. Now it is time to roll up our sleeves and continue what we started. Our agenda is the same: meet the challenges ahead with an energized membership and a strategy to aggressively fight back. We are preparing a campaign to address the governors Medicaid Redesign Team plan that would eliminate CASA and put hundreds of HRA members at risk of termination. Our strategy is to mobilize the membership, create coalitions, implement a media campaign and use the resources of this Union. This challenge is one of the biggest to hit this union. We are committed to doing everything possible to maintain the services of CASA and protect our workers. Our strategy is In addition, members in the Department to mobilize the of Information Technology and are facing membership...and Telecommunications (DOITT) Childrens layoffs. The Administration for use the resources Services has a new commissioner. As we move forward, it is not a time for despair and hopelessness. Rather it is time to of this Union. come together, use our resources, garner our energies and fight like never before. We can sustain and win these battles, but only if we commit ourselves to do so. Any and all contributions are necessary and welcome. Solidarity begins in the small places such as the way we treat each other, by helping one another and supporting each other. Together we are the Union. Anthony Wells

OCTOber
5
Executive Committee Meeting: 6:30 p.m.

Union Office, 12th Floor 12 Womens Committee Meeting: 6:30 p.m. Union Office, 12th Floor 18 Alumni Association Meeting: 2:00 p.m. Union Office, 12th Floor 19 Delegate Assembly Meeting: 6:30 p.m. Advance Realty Building, 235 West 23rd Street in Manhattan 26 Political Action Committee Meeting: 6:30 p.m. Union Office, 12th Floor 26 Civilians in Law Enforcement Meeting: 6:30 p.m. Union Office, 15th Floor

Published monthly except for a combined issue in July/ August and a Supplement in January by the Social Service 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: The Unionist, SSEU Local 371, 817 Broadway, N.Y., N.Y. 10003. USPS# 348990 (212) 677-3900 ISSN# 0041-7092 President Anthony Wells Executive Vice President Yolanda Pumarejo Secretary-Treasurer Joe Nazario V.P. Negotiations & Research Rose Lovaglio-Miller V.P. Organization & Education Ingrid Beaumont V.P. Grievances & Legal Services Lloyd Permaul V.P. Publicity & Community Relations Patricia Chardavoyne V.P. Legislation & Political Action Michelle Akyempong Trustees Vincent Ciccarello Yolanda DeJesus Melva Scarborough Editor Ari Paul Visit us on the web at www.sseu371.org

Sup II and Sup III Exam Update

SSEU Local 371 and the City are in the process of settling the lawsuit regarding the Sup II and Sup III promotion exams. Details of the settlement were not available at press time. The Union will share this information as soon as the stipulation is signed. Check the Unions website and upcoming issues of the Unionist.

The Unionist | September 2011

Cuomos Pension Tension

publiC-SeCTOr workers are under attack all across the country from politicians in both Wall Street-funded parties. Here in New York State, we have our own problems, and Governor Andrew Cuomo has vowed to make reducing pension benefits for dedicated State workers one of his top legislative priorities. With Democrats like these, who needs Republicans? SSEU Local 371 members need to know up front that this does not mean there will be a reduction in their pension benefits. The only way this can happen is by changing the states constitution. At this juncture, the governor has only stated legislative objectives. that it would ban the use of unused sick leave or unused vacation time to enhance an employees pension calculation. This is an attempt to cheapen one the greatest benefits of public service: a defined retirement benefit. It will have state workers toiling longer for less of a payout. We are opposed to cheating the unborn and a Tier VI pension, said President Anthony Wells. We are committed to protecting pension benefits for all workers.

No Need for Change

Moreover, it is completely unnecessary. While it is true that many pension funds have their problems. New York State pension funds are fully-funded. In fact, City Comptroller John Liu noted in July that they brought in a 20 percent return, saying in a statement, While the markets remain volatile, we have vigorously pursued a diversification strategy to enhance our returns while lower pension costs to the City. Our pensions were fought for and secured by generations of union members who came before us, said SSEU Local 371 VP of Legislation Michelle Akyem-

But this is serious. After the previous governor ushered in a fifth pension tier for state workers, Cuomo is demanding the creation of a Tier VI pension, which would raise the age of retirement from 62 to 65 (and 57 to 65 for teachers) and raise the worker benefit contribution from 3 percent to 6 percent. The New York Times wrote

Dont believe his pension hype.

pong, noting that the union would lobby lawmakers to stop pension-reduction efforts. We are going to work with other unions to make sure this doesnt happen.

EVERy AGENCy, EVERy LOCATiON

Combating Workplace Violence, Top to Bottom

of our members, such as Child Protective Specialists, make house visits. The address that they go to becomes their job site, Williams said.

ts a big job, but an important one. Since last year, SSEU Local 371 Health and Safety Coordinators Deborah Williams and Priscilla Abernathy have been going to all Union-represented worksites to evaluate the workplace violence risks. Due to a state law mandating workplace violence prevention standards and subsequent District Council 37 complaints about non-compliance of all City agencies, unions are doing a top-to-bottom review of every location where they have members to evaluate the risks involved and working with the management at each agency to come up with violence prevention plans and educating workers.

The Economy Leads to Threats

Because of the pressures in our economy there is an increased need for social services but no increase in frontline staff. The resulting frustration leads to the possibility for more violence in the workplace and in the field. In agency offices, the pair has been looking at evacuation plans, fire safety plans and the security structures. The overall goal, Williams said, is to make certain that the agency assumes responsibility for education and informing our members. She added, What we want to do is maintain as well as enhance the integrity of all the safety mechanisms that we have at all of our locations.

Looking at the Field

SSEU Local 371 has members in nearly every City agency, and our members are subject to the possibility of assaults at the workplace. More importantly, many
September 2011 | The Unionist

Abernathy stressed that the Unions main tactic in fighting workplace violence was member involvement. Members who encounter violence on the job should immediately contact a Union representative and provide details of the encounter. Members need to be forthcoming with information, she said. We would like to have delegates on location more involved in this process, Williams said. They have a much better idea of what is going on in their location as well as the surrounding community. Williams noted that members should be looking to receive some information their agencys workplace violence prevention program as well as receiving corresponding training. If you have questions of concerns about this review or any other workplace safety issue, please call Williams at (212) 598-7850 or Abernathy at (212) 777-9000 ext. 3048.
3

Structures:NYC

Another Tier?

UniTed, for Labor day

his years Labor Day parade was an especially momentous one. Not only did the citys unions come together after a year of what seemed to have one of the most aggressive anti-union assaults in recent memory, the day marked the 10th of the 9/11 attacks. SSEU Local 371 members, as per tradition,

Members marched up Fifth Avenue.

came out in force for the Sept. 10 parade up Fifth Avenue. Today we remember the sacrifices workers made during and after the 9/11 attacks, said President Anthony Wells. Hundreds of workers in the public and private sector died Elected officials rallied with SSEU Local 371 members. as they selfless toiled to save ery process. people at the World Trade People all of the Center and work in the recovcountry need to remember that. Workers in the building trades and first responders unions made clear at the event that Former Union VP Stu Leibowitz (left) shared a moment with while ConComptroller John Liu. gress was able to pass legislation last year that This year, instead of having guaranteed federal funding a grand marshal for the parade, for 9/11 health monitoring the unions were led by a group and treatment programs, more of representatives from the work to keep these programs different sectors in a display for going was needed. New York City labor unity.

Union members gathered in Union Square before the parade. Onlookers in the park were impressed with the show of unity.
4 The Unionist | September 2011

All Photos: Sam Lewis

Non-Competitive Doesnt Mean No Protections

on-competitive employees are traditionallyand often mistakenlyviewed as having fewer job protections than competitive employees. But the Union has long argued that denying benefits on the basis of civil service status alone may violate the collective bargaining agreement and the law. And increasingly, courts and arbitrators alike agree that City agencies must be stopped from discriminating against disabled employees who happen to be non-competitive.

The Union has long argued that the City discriminates when it treats its disabled employees differently simply because of civil service status.
Lloyd Permaul
absence from her agency while she continued cancer treatment. The agency denied her request, citing her noncompetitive status as the sole reason. But the court found that the agency was wrong. Under federal law, as well as City and State Human Rights Laws, the agency had a duty to reasonably accommodate the employees disability, regardless of her noncompetitive status. The law requires that an employer engage in a good faith and interactive process to assess the disabled employees needs and the reasonableness of the requested accommodation. The City cannot simply cite a blanket policy as the basis to deny an employees request. Union attorney Jeffrey Kreisberg, who handled the case, explained: An agency is required to consider, on a case by case basis, whether an exception to policy is required in order to reasonably accommodate a disabled employees disability. The City cannot be allowed to discriminate against disabled employees by rigidly applying policy to favor competitive employees over non-competitive ones. of their non-competitive status. Their agencies then initiated disciplinary action, accusing both employees of being AWOL. But at arbitration, it was found that the City committed wrongful disciplinary actions by denying each worker benefits on the basis of their non-competitive status. Union attorney Gary Maitland, who represented one of these members, observes that despite these precedents, the City continues to duck and disregard its obligations under the collective bargaining agreement and the law. I have a member who was fired after nearly twenty years on the job just because he was non-competitive, he said. He was injured, was denied any light duty assignment while he recovered, and then denied an extended medical leave. Throughout the arbitration the agency made it clear that, had he been competitive, he would have received an extended leave and probably would have been permitted a light duty assignment. Even after the Appellate Division precedent, the City refused to do the right thing and put him back to work. Perhaps now that it must pay a significant amount of back pay, the City will consider a more compassionate and lawful approach. Lloyd Permaul, VP of Grievances and Legal Affairs Members, whether competitive or noncompetitive, experiencing difficulties securing approved medical leaves or requests for reasonable accommodation are urged to contact the Grievance Section for assistance.
5

Protecting Due Process

Under the Civil Service Law, before a permanent employee can be disciplined or discharged, an agency must comply with due process protections. Essentially, a permanent employee cannot be disciplined without being served with a written notice and statement of charges and a hearing. Non-competitive employees are considered permanent and entitled to these civil service law protections under the statute, but only after five years of service. Competitive employees, however, are considered permanent and afforded due process rights as soon as they complete probation. But where the Civil Service Law leaves off, the Union has long ensured legal protection for non-competitive as well as competitive workers. Under the collective bargaining agreement, noncompetitive employees who have served in their position for at least six months enjoy due process protections that prohibit agencies from taking wrongful disciplinary actions. But when it comes to certain other benefits, City agencies have long treated non-competitive employees as not permanent. In particular, employees needing lengthy medical leaves of absence have been treated quite differently, depending simply on whether or not they are competitive or non-competitive. The Union has long argued that the City discriminates when it treats its disabled employees differently simply because of civil service status. In one lawsuit, a long-term Union member requested an extended leave of
September 2011 | The Unionist

Law on Our Side

Since the court decision, arbitrators have also agreed with the Union. In two recent cases, non-competitive employees were fired for allegedly being AWOL. But both employees had been on approved medical leaves and remained in regular contact with their agencies. When they were still medically unable to return to work, they were each denied both reasonable accommodations and extended leaves because

Together We Will Pass The Assault Bill

State Senate has already approved the bill, so our focus will be in the Assembly. If the lower chamber passes the bill, we are confident that the governor will promptly sign it. Members who have been assaulted on the job should know that under our contract you are entitled to 18 months of paid medical leave. Even if you havent been assaulted on the job, all members can and should get involved in this struggle. Please send a copy of the following letter to your Assembly Member, and remember to use your home address, not your work location. Our political organizing starts with you. Stay in touch and get involved.

ummer might be over, but with the State Legislature coming back into session the political season is heating up. One of the Unions top legislative priorities is passing the Assault Bill, which would bring protections for social service workers that are already in place for our sisters and brothers in sanitation, transit and traffic enforcement. The bill would make it a felonious offense to attack any one of our members. The intensified push for this legislation came as the Union witnessed a disturbing uptick in the number of assaults on social service workers in the past few months.

Get in Touch If you have been assaulted on the job, contact the Unions Political Action section, because we want City and State lawmakers to hear directly from victims. Legislators will be moved greatly when they hear the testimony first hand from members who have suffered on the job. We are organizing a lobby day to bring members into the halls of power to get this bill passed. The

-Michelle Akyempong, VP of Legislation and Political Action

Honorable Assembly Member: I am a member of Social Service Employees Union Local 371. The purpose of this corresponden ce is to ask for your support on Bill # A4672. We are the front line workers who provide social services to the most vulnerable chi ldren and families in New York City; from child protective ser vices to public assistance. In recent months, the number of inst ances of workplace violence has increased. Workers have bee n attacked in the office and the field on a weekly basis. We are req uesting similar protections in the workplace that have been affo rded to our colleagues in the Transit Authority, Traffic Enforceme nt and Nurses. We are respectfully requesting tha t you support this bill. Thank you, Name: Address: SSEU Local 371 member

Our political

organizing starts with you.

The Unionist | September 2011

Labors Long Hot Summer

ummer is usually a time when New Yorkers get out of town, go to the beach and slow down their normal busy pace of life. But this summer, labor unions have been hard at work fighting corporations and government agencies that are outright demanding an upward transfer in wealth. Heres a rundown of some of the battles that have gone on and continue to go on in New York City: l 45,000 workers at Verizon between New England and Virginia went on strike last month after the telecom giant demanded $1 billion in worker concessions (the company posted $19 billion in profit in the last four years), nearly $20,000 per worker. The strikecalled by the leaders of the Communications Workers of America and the International Brotherhood of Electrical Workersgained national media attention. Workers are back on the job under the terms of the last contract, as union negotiators indicated that the company was willing to pull its most draconian

measures off the table. l On August 31, union members, tenants and political figures came out to Flatbush Gardens to support the 70 workers who have been locked out since last year. The company, Renaissance Equity Holdings, has demanded a drastic reduction in benefits and a 30 percent cut in wages during a time of economic recession and a rising cost of living, according to the Service Employees International Union Local 32BJ. l Famous art auction house Sothebys has been the focus of worker anger since it locked out its art handlers August 1 in the middle of contract talks. Teamsters Local 814 President Jason Ide noted that the company has brought in one of the most notorious anti-union law firms, just after Sothebys enjoyed a profitable year. Jackson Lewis specializes in helping New York employers destroy permanent, professional jobs by bringing in a temporary workforce with high turnover, Ide said.

based Flaum Appetizing Corporation that violating workers rights isnt kosher! The kosher food manufacture is accused of withholding hundreds of thousands of dollars in back pay to its mostly immigrant workforce. The Daily News reported in August that a group of rabbis have joined the worker center Brandworkers International to pressure the company into doing the right thing. Rabbi Steven Exler told the paper that he wanted to see upright business practices on the part of my fellow Jews. l Kudos to District Council Local 983 President Mark Rosenthal and the rest of the union leadership for stopping more than 450 layoffs in the Department of Parks and Recreation. The Chief-Leader reported that, the deal that protects the workers jobs for one year by creating a retirement incentive that includes the option of the retirees working as seasonal employees for up to three years.

l Someone should tell Brooklyn-

Hundreds of Verizon workers picketed outside the companys lower Manhattan headquarters last month.
September 2011 | The Unionist 7

Gary Schoichet

Congratulations
Congratulations to Michelle Blackstock, a Grievance Rep at the Union Office 817 Broadway on the birth of her granddaughter, Milan Hani Brown, born 8/15/11 weighing 6lbs. and 14oz. and 20 inches long. Congratulations to Ms. Ednita Cheek, a JOS and a Union Alternate at Crotona Job Center #46 on the birth of her first grandson, Zhyair Omari Franks, born 07/20/11, weighing 9lbs. and 9oz. and 20 inches long. Congratulations to Barbara Woodlon, a Caseworker at Harlem Hospital on the birth of her granddaughter, Storm McKinley Rembert, born 06/17/11, to Candice and Rondeau weighing 6lbs. and 10oz. and 20 inches long. Social Service Employees Union Local 371 817 Broadway New York, N.Y. 10003

Periodicals Postage Paid at New York, NY

Condolences

Condolences are extended to Lorna Fernandez, Caseworker at MISCA-Adult Protective Services Bronx Field Office and her family on the death of her mother, Marion C. Fraser-Fernandez, who died on August 15, 2011. Condolences are extended to Arthur Omar Owens, Caseworker at HRA Home Care Services in Brooklyn on the death of his wife, Mrs. Marie A. Luton Owens, who died on August 12, 2011. Condolences may be sent to Arthur Omar Owens 1005 Jerome Avenue, Apt. D63, Bronx, NY 10039. Condolences are extended Avon Pinckney a Delegate and a JOS at HRA/FIA Job Center #18 and Brigette Browning who is also a Delegate and Caseworker at HASA Grand Concourse on the death of their Grandmother, Elmira E. SmithRyan, who died on August 10, 2011. Condolences may be sent to Avon Pinckney 1410 Wood Road #17, Bronx, NY 10462.

ACS Forcing GPS Tracking on Our Members

cant cope with the rising caseloads. VP for Negotiations and Research Rose Lovaglio-Miller said, ACS refused to offer language that the phones will not lead to disciplinary actions. In addition there is no clause that speaks to loss and theft of equipment. The Unions attorneys are reviewing the mandate to see what legal challenges can be made against the implementation. With this Orwellian policy, the agency is addressing a problem that doesnt exist, said President Anthony Wells. What we need to do is lighten the caseloads of ACS workers by hiring more professionals, so that we can serve the community better.

BULLETIN BOARD
SWAP- Community Assistant at 78 Catherine Street would like to swap with Community Assistant at 300 Skillman Avenue, Brooklyn NY If 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. If interested please contact (347) 995-6127. SWAP- Caseworker at OCSE in Manhattan would like to swap with Field Caseworker in HASA in Brooklyn or any non-field position in Brooklyn or Manhattan. If interested, please call (917) 723-0956. SWAP- Caseworker at HASA in Manhattan Homemaking Unit non-field position. Would like to swap with Caseworker in Queens. If interested please contact (212) 620-9817. SWAP- AJOS worker at (Center 99) in Richmond, Staten Island would like to swap sites to 109 East 16th Street, New York, NY. If interested please contact (347) 398-4891. SWAP- AJOS worker at (Center 99) in Richmond, Staten Island would like to swap to 109 East 16th Street, New York, NY. If interested please contact (718) 390-6786. SWAP- Caseworker at HASA Queensboro Office located at 33-28 Northern Blvd, LIC, would like to swap to HASA/ Greenwood or HASA/ Brownsville. If interested please call (917) 226-5931. SWAP- Supervisor I at APS in Manhattan (South) would like to swap with a non-field Supervisor I position in lower Manhattan or midtown Manhattan. If interested please call (212) 971-2651. FOR SALE: Large ceiling fixture, sterero record player, dolly, luggage, dishes, pots, glassware, gift items, never worn size small ladies clothes including dark brown borghese faux fur jacket, books, new cordless phone with clock radio, and lots more. Call (718) 430-1796.

MEMBERS

tarting in October, the Administration for Childrens Services will mandate all Child Protective Specialists in the field to carry phones with GPS. The purpose, an agency document said, is to improve accountability and support ACS responsibility of knowing and assuring that the work was completed as reported. The move comes after the tragic death of 4-yearold Marchella Pierce last year. Members arent happy about this, especially because it is disrespectful to the professionals, as it communicates the idea that ACS believes hard-working members are lying about their whereabouts or slacking off, when the reality is most ACS workers

At ACS, Enter Ronald Richter

Former Family Court Judge Ronald Richter stepped in as the new Administration for Childrens Services commissioner this month. John Mattingly left after seven years of service. SSEU Local 371 has a host of improvements to make in the agency. President Anthony Wells, Vice President for Negotiations and Research Rose Lovaglio-Miller, and Senior Advisor Larry Glickson met recently with the new ACS chief. Richter seems like a real straight shooter, said Lovaglio-Miller. Our first impression is that we may have someone we can talk to about our issues in this agency. We look forward to developing our relationship.

Labor Day Parade, see page 4

The high-class retailers of Fifth Avenue heard our Union loud and clear this month.
8 The Unionist | September 2011

Sam Lewis