Judge backs nurses right to back pay

The state Supreme Court in Albany County has ruled the state Office of Mental Health cannot avoid paying nurses at Mohawk Valley Psychiatric Center for working them out-of-title at a higher salary grade, just because they weren’t all individually named on the original contract grievance that PEF filed September 7, 2000. 

The affected nurse 2s (grade 16) will receive backpay for being worked as social work assistant 3s (grade 17).

GOER (The Governor’s Office of Employee Relations) originally sustained their grievance on July 25, 2002, but amended that decision on November 10, 2002, stating the only person who would receive back pay was the nurse actually identified in the grievance.

“We argued that PEF has had a long practice of filing such grievances naming one or more members and using the term ‘et al’ to indicate all other employees in that title who were worked out-of-title are grievants too,” said PEF associate counsel Liz Schuster.

Judge Michael Kavanagh agreed, stating that PEF “provided numerous examples of grievances previously filed which used this type of title and were considered by GOER. In each, rulings were issued which covered not only the individuals actually identified as grievants, but other employees not named, who worked in the same title and had the same grievance. In fact, this practice has been in place since 1994 and only now does GOER seek, without explanation or notice, to place limitations on it. ... this court can only conclude this change is without a rational basis and is, in fact, arbitrary and capricious.”
— Sherry Halbrook

Communicator Homepage April 04

Inside This Issue
Features
Contract rally sizzles
Rally activists speak their minds
PEF weighing its options
Keep Fulton Corrections open
Camp McGregor’s fate depends...
Lawmakers save Middletown Psych
PEF helps elect Fields to office
Changing the world, one cow at a time

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President's Message
Member's Mailbag
Nurses' Station
Retirees In Action
Members' Highlights
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Union Matters
Union halts layoffs at OCF
Judge backs nurses right to back pay
Member keeps lifesaving blood flowing
Deadline nears for OT meal allowance
PEF sending first heroes into national...
Labor community helps state workers
Grant walks the walk
Reg. 1 member running to retire
Candidates sought for E. Board
Join PEF Hispanic Committee at Somos
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