Nurses Roundtable offered at PEF convention
Delegates learn
how NJ nurses pushed through mandatory OT law
Delegates attending the Nursing Roundtable workshop at
the PEF convention last month in Buffalo learned how
their counterparts in New Jersey got that state to enact
restrictions on mandatory overtime.
Bernard Gerard, first vice president of the Health
Professionals and Allied Employees (HPAE) local of the
American Federation of Teachers, said this new law
prohibits mandatory overtime for all direct-patient-care
providers past a predetermined work schedule.
One of the unique aspects of this bill is its strict
definition of what constitutes an emergency when
mandatory overtime would be allowed. Chronic short
staffing and constantly recurring events are not
considered emergencies justifying mandatory overtime.
Alleged violations will be investigated by the New Jersey
Health Department and employers found guilty may be
subject to fines.
Gerard said education and member actions were the keys to
getting this bill passed. HPAE members contacted the
media, organized grassroots programs, went to malls and
offered information about the proposed bill along with a
free blood-pressure check, sent postcards to the
governor, spoke to politicians, formed coalitions with
other unions and rallied on the Capitol steps. These
organized actions lead to enactment of this important law
which takes effect January 2, 2003.
Patricia Greenberg, RN, coordinator of the Nurses
Alliance of New York State told the PEF delegates
thousands of nurses in New York state have left the
profession because of hardships created by understaffing,
stagnate wages and worries about errors.
She said the state desperately needs to attract new
people into nursing as well as persuading those who have
left the profession to return.
To do this, Greenberg prescribed: improved health care
funding; help from legislators; support from the state
Education Department and Board of Nursing; and better
sharing of information among nurses. — Tracy Scholz
No criminal
intent proved
Arbitrator
overturns member’s disciplinary suspension at DOH
By SHERRY HALBROOK
An arbitrator has overturned the disciplinary suspension
of a PEF member at the state Health Department (DOH) in
Albany for alleged ethics violations.
The ruling means the state must restore the salary and
benefits that Charles Murphy would have received had he
not been suspended from his job as chief health planner
at the DOH Hospital Facilities Management Office (HFMO)
on July 20, 2001.
Arbitrator Eric Lawson Jr. of the American Arbitration
Association upheld PEF’s grievance and dismissed all
four specified causes which the state cited in suspending
Murphy without pay pending termination.
PEF associate counsel Jeff Plant represented Murphy in
the arbitration proceeding.
“I am thankful this long and painful process has
successfully reached a conclusion for both my family and
me,” Murphy said. “All PEF members should know
about the outcome of this case for, as many of my former
colleagues in the department have said, ‘If they can
do this to Charlie, they can do it to any of us.’
”
The allegations arose from a possible conflict of
interest related to Murphy’s wife’s employment
by a firm which submitted certificate-of-need
applications on behalf of its clients to the state Health
Department’s Office of Health Planning, which Murphy
headed until he was transferred and demoted on April 6,
2000, to the position at the (HFMO).
Murphy notified DOH when his wife was offered the job,
and she did not accept it until state Health Commissioner
Antonia Novello approved it as not in conflict with
Murphy’s responsibilities and authority. It was not
known by the Murphys or DOH then that she would work on
applications that would come before her husband’s
office for approval.
The state Ethics Committee and Office of the State
Inspector General launched investigations, however, after
a newspaper story in February 2000, suggested possible
impropriety in the DOH approval of a certificate-of-need
application for a nursing home, when it revealed that
Mrs. Murphy had worked on demographics data for the
application.
According to testimony and evidence given during
subsequent investigations and at a hearing held by
Lawson, Murphy and his wife said they avoided discussing
their work with one another to preclude any possible
conflict of interests.
And, although Murphy in May 1998, had mentioned his
wife’s interest in changing employers to an
executive at the firm which later hired her, Lawson found
the state failed to prove that Murphy had the criminal
intent to suggest to the firm that he would show it
favoritism if it hired his wife, or retaliate against it
if it did not hire her.
The arbitrator sharply criticized Murphy for mentioning
his wife’s availability for employment, but said
that his behavior after that remark showed no intent or
expectation of profiting by it.
On April 1, 2002, Murphy retired from state service after
37 years, including 27 at DOH. He has been reimbursed for
the salary and benefits he would have received for the
more than eight months he was suspended before his
retirement.
DEBOW SCHOLAR — PEF Executive Board Member Debbie
Egel, left, is congratulated by Board Member Dollie
Williams on becoming one of two recipients of the 2002
Jean DeBow Scholarship. PEF awards the scholarships in
memory of its late vice president to PEF women who are
both outstanding union activists and involved in
furthering their educations. A nurse, Egel co-chairs the
PEF Nurses Committee and is pursuing her juris doctorate
to become an attorney. Williams chairs the Jean DeBow
Scholarship Committee. — Photo by John Epting
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Inside This
Issue:
Features
Union sticks with Pataki,
Hevesi
Benson pledges: No more
zeroes
Hallum: Strict fiscal
controls, methods paying off
UFT leader shares
negotiating tips
Convention delegates adopt
eight resolutions
Delegates amend PEF
Constitution
Departments
President's Message:
Standing together
You Said It: Member's
letters this month
Member Mobilization: Div.
240 awards
Legislative Action:
Delegates give thumbs-up
Nurses' Station: Convention
roundtable on OT
Health Notes: Flex
Spending/Dependent Care
Member Mobilization:
Divisions testing system
PEF Membership Benefits
Program & Travel Corp
Union Matters
PEF brings tough new outlook
to contract talks
Early retirement window
opens at Mental Health
PEF to launch new ad
campaign
Arbitrator overturns
member’s suspension at DOH
Multi-union program mentors
future leaders
Member honored for her
unique role
PEF endorses 7 more
candidates in Nov. 5 election
Financial Statement
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