Incorrect allegations result in arbitration win, back pay BROOKLYN — An unsubstantiated allegation nearly cost Tee-Jah Wilson her job, but she’d gladly do it all over again to keep her individuals from harm. Wilson, a direct support assistant (DSA) at Brooklyn Developmental Center, came to the aide of another DSA, Luz Maria Edwards, who was experiencing difficulties with an individual who had become agitated. After running through several buildings and then onto the grounds of the facility, the individual began running toward the street and oncoming traffic. In attempting to stop the individual, Wilson grabbed for their coat and both fell to the ground. Wilson and Edwards were subsequently issued notice of disciplines and placed on unpaid leave for allegedly sitting on the individual and hitting them in the head. After months of waiting and without their normal salaries, Wilson and Edwards were vindicated by an arbitrator who noted that “Both witnesses exhibited a keen understanding of managing individuals (such as the one in this case) in an agitated state. Both witnesses exhibited a keen understanding of appropriate defensive measures. Both witnesses have long histories of working with individuals and neither witness has ever had claims like this raised against them.” “It feels wonderful,” said Wilson, who was placed on leave March 15 and returned to work Oct. 1. “The arbitrator really understood what we were going through at the time.” The single mother was especially grateful for the assistance and support of CSEA members and staff. “They stuck with us the whole way,” said Wilson. “Their reassurance was so strong. They helped restore my faith.” “This was a weak case to bring in the first place,” said CSEA Deputy Director of Contract Administration Joel Schwartz, who represented the workers. “It reflects OPWDD’s current policies of throwing all kinds of stuff against the wall and hoping that something sticks. It’s a case that should have never been brought.” Wilson and Edwards were also awarded full back pay and benefits. But she readily admits that her biggest reward came from being reunited with her individuals, including the one unwittingly involved in the notice of discipline. “It felt so beautiful,” said Wilson, who is also known by her nickname, Cookie. “They were crying sand telling me ‘we missed you Cookie, we love you.’ “The arbitrator really understood what we were going through at the time.” It was like being reunited back with your family.” The ordeal also cemented the importance of teamwork in this setting. “This is a team players job. We are supposed to be here for each other and the individual,” said Wilson. The reaction she got from individuals, parents and co-workers gave her another perspective on the job she’s held for 10 Brooklyn Developmental Center Direct Support Assistant Tee-Jah Wilson helped protect an agitated individual from harm, then was placed on unpaid leave over allegations she mistreated the person. The charges were overturned by an arbitrator. years. “I realized how valuable I was when I came back,” said Wilson. — David Galarza Counties differ in approach to nursing home sales Chemung and Steuben counties are divided by an imaginary line on a map, and now they’re also divided by differing opinions on the value of their public nursing homes. In Steuben County, the administration has repeatedly denied CSEA’s requests for information surrounding the sale of the Steuben County Health Care Facility. From the start, many aspects of the sale have been handled under the cover of darkness, with CSEA and the public kept out of the process. Most recently the county administration has refused several requests by CSEA for documents that will help the union ensure employees are protected as the facility changes hands. In Chemung County, the county executive last month recommended that county’s nursing home remain public. The Chemung recommendation is the result of a collaborative effort with CSEA that resulted in savings at the facility. The Steuben administration has not once asked CSEA to discuss ways to lower costs at the nursing home and help it run more efficiently. CSEA initiated a legal action against Steuben County this past April. The judge dismissed the case but the union is considering an appeal. In December 2012, the Steuben County administration and county legislators tried to sneak the sale of the facility past taxpayers and the union. The legislature’s meeting agenda simply stated there would be a resolution “relative to the Steuben County Health Care Facility” but it said nothing of a vote on that resolution for the sale. — Lynn Miller November 2013 The Work Force 7
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