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Official Publication of Social Service Employees Union Local 371-DC 37 AFSCME, AFL-CIO
www.sseu371.org
We fight back
Delegates and Alternates participated in various training sessions, learning about grievances and legal services, organizing and union history.
Oct. 22, stressing that members needed to mobilize the vote against a Republican agenda that attacks working families. They will have a dear price to pay in November, Saunders said about the GOP opposition in the House of Representatives to President Obamas jobs plan.
Lots of Workshops
The crowd heard from various other speakers, including VP of Organization Ingrid Beaumont, the main organizer of this historic event, who brought the members to a roaring applause. Delegates and Alternates attended workshops in which they learned about grievances, internal organizing and negotiations. VP of Research and Negotiations Rose Lovaglio-Miller noted in her presentation the negotiations process starts
with Delegates, as they are responsible for polling the members on what they think were important demands. The Delegates in turn pass on this information to the Unions negotiators. VP of Legislation and Political Action Michelle Akyempong led a discussion about political organizing, in addition to State Senators Eric Adams and Diane Savino, a former SSEU Local 371 VP, who taught strategies for fighting back politically. Union lawyers and VP of Grievances and Legal Services Lloyd Permaul spoke about workers rights and how to preserve them. In his address to members, SSEU Local 371 President Anthony Wells underscored the importance of the younger generation of members. Among the Unions Delegates who are a part of the AFSCMEs Next
Continued on page 5
President Barack Obama addressed union leaders, including our Union President, Nov. 1 at the White House. See more on page 7.
Jamel Lenard
CALENDAR
November
17 Political Action Committee: 6:30 p.m. Union Office, 12th Floor 23 Civilians in Law Enforcement: 6:30 p.m. Union Office, 15th Floor 30 HHC Chapter: 6:30 p.m. Union Office, 12th Floor
December
7 8 Executive Committee: 6:30 p.m. Union Office, 12th Floor Black Heritage Committee: 6:30 p.m. Union Office, 12th Floor
12 General Membership Meeting: 6:30 p.m. TBA 13 Concerned Social Workers: 6:30 p.m. Union Office, 12th Floor 14 Womens Committee & Political Action Committee: 6:30 p.m. Union Office, 12th Floor 15 Jewish Heritage Committee: 6:30 p.m. Union Office, 12th Floor 20 Alumni Committee: 6:30 p.m. Union Office, 12th Floor 21 Delegate Assembly: 6:30 p.m. Advance Realty Building, 235 West 23rd Street in Manhattan 28 Civilians in law Enforcement: 6:30 p.m. Union Office, 15th Floor 29 Caribbean Heritage: 6:30 p.m. Union Office, 12th 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
he Dr. Martin Luther King, Jr. Memorial was dedicated Oct. 16, marking a permanent honor for the civil rights hero in Washington, DC. Personally, the awesome moment was President Barack Obama giving his speech under the towering figure of Dr. King. It was priceless and inspiring. On the weekend of Oct. 21, more than 350 Delegates and Alternates attended Delegates Training. The theme was We fight back. The energy and enthusiasm permeated every corner of the place. The exchange of information was invaluable. There were workshops and general sessions designed to equip the Delegates with the tools to become effective leaders. They were given mechanisms to energize and mobilize the membership. Furthermore, they shared ideas and concerns with each other in an effort to develop solutions to the many issues occurring in locations. They left the conference prepared to fight back whenever and wherever necessary. We are moving forward, energized for the many challenges facing us. To be successful, we must address the enemy within, i.e. apathy and complacency. We need an informed and mobilized membership. We need a membership that understands that this fight is about putting food on your table. We need a membership that is prepared, willing and ready to fight back. Indeed, we have that membership in you. And you have the leadership in our Delegates and Alternates. We are inspired by the events of the day, like Occupy Wall Street, Dr. Kings Memorial and Delegates Training. They remind us that change is possible with hope and determination. It takes effort and commitment. It requires us to come together for a common purpose and goal. The purpose is to FIGHT BACK and the goal is to put food on our tables. United we will be successful in both. Anthony Wells
We are moving forward, energized for the many challenges facing us.
The Black Heritage Celebration will take place Feb. 3, 2012. Stay tuned for more details.
A Weekly Effort
Wednesdays Child, sponsored by the Freddie Mac Foundation, has been airing in New York City since 1999. Davis, who was working on her Masters degree in communications at the New York Institute of Technology, was approached by Channel 4 after the segments coordinator saw her speaking about her childhood in foster care. Each week, Davis works from the Administration for Childrens Services 150 William Street headquarters and each week teams up with the contracted agencies to find children in need of a home.
Keema Davis said her foster mother inspired her to make a career in helping kids in need.
After setting up an opportunity for the TV crew to film the child or sibling group, the clip airs and Davis fields calls from parents who want to be foster parents and she walks them through that process. It has been a rollercoaster, she said of her tenure. I feel like I want to take all the kids home with me. Davis thinks it is a successful program: Of the 600 children the segment has featured under her watch, about half of them
have been introduced, matched or settled in foster families. Davis hoped more SSEU Local 371 members would consider becoming foster parents, or if they could not do so themselves, reach out to friends and family members who could adopt children. You dont have to be rich to be a foster parent, she said. We want caring people. We need good homes. Davis isnt a foster parent herself. When asked why not, she laughed, My apartments too small. The segment airs each Wednesday between 5:30 and 6:00 p.m., and re-airs on Sunday morning between 7 and 8 a.m. To reach out to the program, call (212) 676-WISH.
371 and the Director of the center. It makes them feel meaningful and it makes them feel productive. The mural was unveiled on Nov. 4, and it was meant, Cohen said, for beautification of the center and beautification of the community.
If you earned your MSW in 2011 please contact Yolanda Pumarejo at (212) 5987053 to ensure you are recognized for your accomplishment.
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Pat Arnow
ost of us are familiar with the Fifth Amendment to the United States Constitution in the context of criminal cases where defendants have the right to remain silent. But this vital constitutional protection also has broad application in civil cases. Actually, the right to remain silent, also known as the privilege against self-incrimination, plays an important part in matters as varied as disciplinary charges, Conflict of Interest Law violations, unemployment claims and EEOC and other investigations, to name a few.
Remaining Silent
In practice, the possibility of invoking the Fifth arises whenever someone is called upon to give statements, whether in law courts, administrative courts or agency hearings and investigations. The Fifth Amendment applies even to the completion of employment questionnaires and other documents. The key to understanding the privilege of invoking the right to remain
silent is that it is not dependent on the forum or the context of the questioning but rather, the substance of the question posed. The Fifth Amendment protects against compelled self-incrimination on a very loose and easily reached standard. When a truthful statement might tend to incriminate, one has the right to decline to answer. Raising the Fifth Amendment shield is not an admission of culpability. We have no obligation to assist our prosecutors, be they criminal or disciplinary. So even the question, Were you in New York State last Tuesday? can be avoided on Fifth Amendment grounds where the answer is yes and the context is an investigation into a crime committed in New York State that day. No matter if you were home sick, hospitalized, or even comatose, you have
every right to decline to answer because your mere admission to being in the state would be self-incriminating. The right to invoke is not a matter of degree. The likelihood of prosecution is not relevant or material. You can even invoke simply because you know nothing of the subject matter or goals of the investigation you have been drawn into so you cannot properly assess Fifth Amendment concerns. No one should ever agree to be questioned without representation for many reasons, but the most important one is that the decision whether and when to invoke the Fifth is best made with legal advice. So the golden rule is: Answer no question outside the regular chain of supervision without Union representation. We live in a time of energetic prosecution and slipshod investigations. Disciplinary and other authorities routinely rely on a workers own statements to lighten their burden of proof. Aggressive use of the protections of the Fifth Amendment also benefits justice because it leads to more careful, thorough and fair investigations and fewer convictions on accusation and confession. Remember that the best defense starts upon interrogation, not after charges have been served.
Call Us
The Union has long been committed to insuring that due process rights are protected. The Fifth Amendment is a vital weapon in that fight. Members summoned for interrogation, anywhere, should be sure to contact Grievances and Legal Services before answering any questions. Invoke your right to representation and advise your coworkers to do the same because as powerful as the Fifth Amendment can be, it is easily waived, usually with bad results. Lloyd Permaul, VP of Grievances and Legal Services
The Unionist | November 2011
We fight back
Continued from page 1
Having a Presence
We want to reestablish that, said Wanda Ochshorn, a Child Protective Supervisor I in Manhattan. Management has to know that the Union is there. Members agreed that this type of training was a welcome change from years past. This is a new beginning, said Avon Wilson-Pinckney, a JOS worker at the Human Resources Administration in Manhattan, who has served as a Delegate for 20 years. Im going to take back all the tools that were given here and share them with the members.
AFSCME Secretary-Treasurer Lee Saunders (left) addressed with crowd, with SSEU Local 371 President Anthony Wells looking on.
Inspired to Lead
But something happened in her second year. She finally got connected with her SSEU Local 371 Delegates. I had Delegates working with me, she said. It was a lot
All together, more than 350 Delegates and Alternates participated in the training.
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a Medicare prescription drug plan when they first become eligible for Medicare and each year. This year, the open enrollment period to join a Medicare drug plan is from October 15, 2011 through December 7, 2011. Beneficiaries leaving Fund coverage may be eligible for a Special Enrollment Period to sign up for a Medicare prescription drug plan. This may mean that you will have to wait to enroll in Medicare prescription drug coverage and that you may pay a higher premium (a penalty) if you join later and you will pay that higher premium as long as you have Medicare prescription drug coverage. If you go 63 days or longer without prescription drug coverage that is at least as good as Medicares prescription drug coverage, your premium will go up at least 1% per month for every month that you did not have that coverage. You will have to pay this higher premium as long as you have Medicare prescription drug coverage. For example, if you go nineteen months without coverage, your premium will always be at least 19% higher than what many other people pay. When deciding whether or not to enroll in a Medicare drug plan, you should compare your current Fund prescription drug coverage, including which drugs are covered, with the coverage and cost (including premiums, deductibles and co-payments) of the plans offering Medicare prescription drug coverage in your area. You should also consider the following: The Fund does not require that you join Medicare Part D for prescription drug coverage;
l l Because the prescription drug coverage you have with the Fund is on average for all plan participants, NOT expected to pay out as much as the standard Medicare prescription drug coverage will pay, you should consider enrolling in a Medicare prescription drug plan; l As a Fund enrollee and/or covered dependent eligible for Medicare, you will continue to receive full prescription drug benefits currently available to you under the Funds prescription drug plan if you do not enroll in Medicare Part D;
If you join a Medicare prescription drug plan, you will NOT be reimbursed for the Part D premium by the Fund.
l
For more information about this notice or your current prescription drug coverage You will receive this notice annually and may receive it at other times in the future such as before the next period you can enroll in Medicare prescription drug coverage, and if your prescription drug coverage through Fund changes. You also may request a copy of this notice or contact the Fund office for more information. For more information about your options under Medicare prescription drug coverage More detailed information about Medicare plans that offer prescription drug coverage is in the Medicare & You handbook from Medicare. Youll get a copy of the handbook in the mail every year from Medicare. You may also be contacted directly by Medicareapproved prescription drug plans. For more information about Medicare prescription drug plans:
l
Visit www.medicare.gov
l Call your State Health Insurance Assistance Program (see your copy of the Medicare & You handbook for their telephone number) for personalized help, l Call 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-486-2048.
For people with limited income and resources, extra help paying for Medicare prescription drug coverage is available. Information about this extra help is available from the Social Security Administration (SSA) online at www.socialsecurity.gov, or you call them at 1-800-772-1213 (TTY 1-800-325-0778). October 2011 Social Service Employees Union Local 371 Welfare Fund John Brown, Administrator 817 Broadway New York, New York 10003 212-777-9000
The Unionist | November 2011
Vice President Joseph Biden (left) spoke about the jobs bill with labor leaders, including SSEU Local 371 President Anthony Wells (far right).
UNioN PresiDeNt Anthony Wells was one of two AFSCME representatives from New York in a labor panel that addressed President Barack Obama about the jobs bill. The group of 150 labor representatives from around the countrypublic and private sectorsent the message that any Federal job creation solution has to work hand-in-hand with organized labor. President Obama is on board with this. Mr. Wells, Alma Roper of DC 37 Local 1549, and the other panelists made the message clear to the President that the jobs bill
had to go beyond supporting infrastructure jobs, and that it had to create and preserve social service jobs to boost the public-sector and provide vital services.
AFSCME and especially the members of SSEU Local 371. Wells was quick to point out that both the President and Vice President spent a considerable amount of time with the union leaders. The Administration is serious about this, he said. District Council 37 Executive Director Lillian Roberts said when considering who should go to Washington, D.C. on behalf of AFSCME in New York, I couldnt think of anyone better to represent New York than Anthony.
of the situation for government service unions around the country. She noted that with both the Governor and the Mayor on the offensive against government service unions, the fight back was more important than ever. Roberts also said that unions should find inspiration in the Occupy Wall Street movement, as young people are aware that it is also their future careers that are under attack, and that middle class America is disappearing. Everything is not the same anymore, Roberts concluded. So we have to change, too.
Congratulations
Congratulations to Maria Jimenez-Gonzalez, Grievance Rep at the Union Office, on the birth of her grandnephew, Elijah John Arroyo, born October 16, weighing 9 lbs. and 2 oz. and 21 inches long. Congratulations to Horasuio Smart, Fraud Investigation I at HRA/BEV on his Fraud Investigation II promotion in HRA.
Periodicals Postage Paid at New York, NY Social Service Employees Union Local 371 817 Broadway New York, N.Y. 10003
Condolences
Condolences are extended to Union Associate SecretaryTreasurer Andrea Walters on the death of her father, Jerome Walters, who died Nov. 9. Condolences may be sent to Andrea Walters, 817 Broadway, 14th Fl., New York, NY 10003. Condolences are extended to Caseworker Rosangel Toledo on the death of her nephew, Eric Brian Toledo, who died Oct. 20. Condolences may be sent to 1365 Jerome Ave., Bronx, NY 10452. Condolences are extended to the family of HCI Newton Oliver Gayle, who died October 24. Condolences are extended to Joseph Sperling, former president of SSEU Local 371, on the death of his wife, Earlene Bethel Sperling former SSEU Local 371 delegate/ activist who died in October. Expressions may be sent to Joseph Sperling 185 St. Marks Place, Apt #5A, Staten Island, NY 10301. Condolences are extended to Angelina Arutyunova, Supervisor II at LTHHCP HRA at 109 East 16th Street, NYC on the death of her father, Surgey Arutyunova who died in Russia on October 24. Condolences may be sent to Angelina Arutyunova, 109 East 16th Street, 6th floor, New York, NY 10003. Condolences are extended Linda White, Senior HCI of In-Patients Accounts, on the death of her mother, Alma Y. White, who died in October. Condolences are extended to Gregory Thompson, Union Delegate and Associate Fraud Investigation at HRA/ BEV in Brooklyn on the death of his mother Ivy Thompson, who died on October 13. Condolences are extended to James Pepper, Investigation Consultant at OSI in Manhattan on the death of his mother, Ms. Patricia Ann Shaw, who died on October 6. Condolences are extended to Family and Friends of Yvonne Martin, Fraud Investigator II at HRA/BEV in Brooklyn on her death October 3. Condolences may be sent to Mr. Owen Martin 2698 8th Avenue, Apt 18D, New York, New York 10030. Condolences are extended to Denice Keyes, JOS at the Special Needs Housing Program in Center #18 on the death of her niece Tiffany Spencer who died in September. Condolences may be sent to Ms. Adrienne Spencer, 870 Freeman street, #3D, Bronx, NY 10459.
no hhC Cuts!
Lots of Cases
Were getting more and more people and we have less and less people to take care of them, she said. The cases are hard and complicated and sad. But everybody is doing the best with what they have. But what the study from the National Association of Public Hospitals and Health Systems showed was that not only would Medicaid reductions mean direct staff cuts at public hospitalsnot to mention the human suffering for low income people with health problems who rely on the public health-care systemthey would also kill jobs in the surrounding economy. Medical supply stores would be threatened if public hospitals dont have the funds to do business with them. If public hospitals have to lay off workers, the restaurants near the facilities that rely on the lunchtime rush would see diminished
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BULLETIN BOARD
sWAP- Supervisor I position at Long Term Home Health Care Program at 30 Rockwell Place, Brooklyn would like to swap for Supervisor I non-field position in lower or Midtown Manhattan. If interested, please call (718) 330-2293. sWAP- Bronx/CASA Caseworker at 530 West 135th Street would like to swap with a Caseworker in Brooklyn even if not CASA position. If interested, please call (347) 510-0136. sWAP- AJOS worker at Center 99 in Richmond, Staten Island would like to swap sites to 109 East 16th Street, Manhattan. If interested, please contact (347) 398-4891. sWAP- Supervisor I at APS in Manhattan (South) would like to swap with a non-field Supervisor I position in lower downtown Manhattan or upper midtown Manhattan. If interested, please call (212) 971-2894. sWAP- AJOS I in the Fair Hearing unit at 32-20 Northern Blvd, Long Island City, Queens would like to swap with AJOS I at Center 54, Jamaica, Queens. If interested, please call (917) 684-3498.
MEMBERS
she said, adding that Congress was toying with taxpayer funds. They cut our throat with our own money.
Startling Findings
The studys findings are startling, indeed. An HHC statement said, Among its key findings, the Families USA report concludes that New York would be among the top 10 states to face the largest potential loss of business activity with estimated losses of $3.8 billion to its economy and 28,830 lost jobs as a result of a 5 percent cut in Federal Medicaid spending. With a 15 percent cut in Federal Medicaid spending, New York would be at risk of losing $11.4 billion in economic activity and 86,480 jobs.
The Unionist | November 2011