April
fools at the New York City department of probation.
April 1, 1996, our member Sheila McMahon was demoted at the NYC Department
of Probation. Analyst McMahon began her career in 1985 at the Board of
Education, later transferred to the Department of Corrections and, from
there, was recruited to the NYC Department of Personnel. During her first
nine years, her record was good and her advancement steady. At Personnel,
the task was as a trainer, but the title was provisional Staff Analyst.
In 1994, Sheila
responded to a flyer offering an ASA job at Probation (in a Health and
Safety officer role). In 1995, Sheila was also appointed to Staff Analyst,
"probable permanent" from the Staff Analyst list by the Department of
Probation.
This is important.
In 1994, we know that the bosses at Probation liked Sheila because they
gave her a job and a $10,000 increase in salary. In 1995, after service
of more than a year, the bosses must have liked Sheila's work because
they were under no obligation to appoint her otherwise.
In 1996, matters
began to go wrong, although Sheila was seldom told about it. She learned
through the grapevine that the Agency considered her to be too "pro-worker"
on Health and Safety issues. There was no formal counselling, no progressive
discipline or training.
Instead, our
member was demoted on March 31, 1996, without charges, and was handed
the letter demoting her a day later, on April 1st - April Fool's Day.
At first, she must have thought it was a joke.
In the history
of the Organization of Staff Analysts, there was one goal that was never
questioned. We all felt that every person should have the right to "due
process." Civil Servants who hold permanent status do have the right,
and since the late 1980s, so do unionized provisional civil servants after
two years of provisional service.
Our union took
many years to get recognized by the City. During the years before recognition
a pattern was noted in the demotion and/or firing of provisional Analysts.
As stated by one bitter demotee: "You get the job because the boss thinks
you will do good work. You keep the job because the boss thinks you are
doing good work. Later, the next boss agrees your work is good, and also
the next boss and the next boss as well. Finally, one day, a new boss
arrives and now your work is no good at all, or the new boss has a special
friend for the job -- or whatever. You are gone or demoted and you are
usually never told why. In a few cases, insult is added to injury as the
new boss says unkind words about you and you have no opportunity to even
respond."
As Analysts,
while we were seeking union coverage, OSA could expect to learn of a dozen
of such cases every single year. It should be noted, we did not learn
of all the cases that occurred.
Finally, on
12/17/91, the Office of Collective Bargaining officially recognized OSA's
union coverage of the Analyst series in all City Agencies. From that day
onward, a boss could fire or demote a provisional member of OSA without
charges only during their first two years of service.
The pattern
of occupational abuse handed out to our member Sheila McMahon was very
familiar to OSA. The Department of Probation in 1994 had been under fire
for OSHA violations and was pressured to hire a Health and Safety officer.
Probation chose an experienced civil servant with years of satisfactory
provisional service behind her.
Then, once
the pressure was off or because our member was doing the job too well,
it came time to discard Ms. McMahon. First, of course, came the demotion
to her "probable permanent" title of Staff Analyst and, after the formality
of a "probation" of two months, termination from the City entirely. No
reasons given.
The one error
made by the Personnel Department at Probation was to fire Sheila on 3/31/96.
On 3/30/96, one day earlier, Sheila had gained due process rights. The
bosses could fire Sheila but they would now have, at least, to explain
why. They did not do so. Our Grievance Department did warn Probation that,
absent charges, our member could not legally be demoted or fired. The
response of Probation was to offer a "compromise." Sheila would agree
to stay fired and Probation would pay her some extra weeks of salary.
Sheila, who is an aspiring stand-up comic herself, was not amused.
On Thursday,
March 26, 1998, we will all have a chance to hear Sheila's story in person
at OSA's General Membership Meeting. Sheila is in pretty good spirits
these days. The arbitrator has ruled in our favor. Sheila is to be returned
to her old job of ASA at Probation, paid back the thousands of dollars
of salary lost, given credit for two years of service in the pension system
and accorded all sick and annual leave due her since 1996.
And, on this
April 1, 1998, perhaps we can be forgiven if we share a small laugh at
the expense of the April Fools at the Department of Probation. They forgot
that Analysts now have a union.
Solace
for the aggrieved. OSA's
Grievance unit will receive an entire issue of our Newsletter as soon
as we get the statistics completed in chart format. Meanwhile, some individual
credit is due.
Leader of our
Grievance team is Hank Mandel, former Chairperson of OSA's Department
of Health Chapter and an OSA member for a quarter of a century. Alongside
Hank stands Ken Berman, Tim Collins and Bernice Stephens, all of whom
are regular staffers. In support of staff, OSA's team of part-time saints
include the (from management point-of-view) terrible "G's" - Tom Gorse,
Shirley Gray and Steve Gregor and, if that were not enough, add John Ost
and never forget Jack Reubens.
Jack, our specialist
in arbitrations, will be leaving us soon to retire to Las Vegas. He will
be greatly missed. Jack's history includes more than thirty years of fighting
for members' rights, not only on behalf of OSA but back to the founding
days of the Social Service Employees Union as well.
The Organization
of Staff Analysts has been most fortunate in the good people who have
come to help us out.
The
"don't take candy from a stranger department."
Recently OSA, DC37, the Uniformed Firefighters and such have been running
into a problem. One aspect of that problem is that the Department of Investigation
is limiting members to representation only by lawyers. Even some Agency
Investigator Generals seem to prefer a recent law graduate over a twenty
year veteran of the City's Rules and Regulations. The DOI aspect of the
problem is currently in litigation (and we are winning) but there is still
another aspect to the problem.
In years gone
by, if you were called into the IG or DOI, our reps would be told if you
were a target of the investigation or a potential witness. Recently in
some cases, we have not been told which category our members fit into.
In answer to the arrogance of prosecutors who assume that all of us are
perpetrators of some wrong doing, the proper response is silence. In the
U.S. Constitution, there are provisions against self-incrimination and
that document even applies to civil servants.
Normally, most
of our members tend to cooperate fully with any and all investigations
since we all have a strong commitment to honest government. At the same
time, we will not accept intimidation nor deceitful practice by hotshot
investigators who treat all, save their superiors, as items potentially
useful for their own advancement.
The moral of
the story for now is that if any member of our union is contacted by any
Agency IG or the Department of Investigation, call the union.
Clocking
the icebergs all Civil
Service Unions "Police" the movement of civil service lists for the jobs
covered by their union. It is a little bit like being a time keeper in
an iceberg race. Icebergs do not move swiftly, but they do move.
It was in 1991
after years of persuasion that OSA finally convinced the City to cancel
the narrow-banding of our titles. In 1992 we went to court for the ASA
exam and, after two Staff Analysts exams and three ASA exams, promotional
lists were finally established in March of 1997. Appointments began to
be made from those lists and by last October, six hundred and seventy
eight candidates (678) had been appointed. A further one thousand and
eighty (1080) more candidates still awaited their Agencies' action.
Between October
and February of this year, another four hundred and ninety one (491) appointments
were made. Still, if you are awaiting appointment and have not yet even
been called, it must feel as if your iceberg has hit the Titanic and gone
down with it.
There are still,
in fact, Agencies listened as "N/L". These are Agencies reported by Personnel
of DCAS as not yet having returned their promotion lists. In some cases,
the Union has anecdotal evidence that some of the Agencies have made their
appointments but are simply late in returning those lists to Personnel.
In any case,
the Union will continue nudging the various agencies but matters appear
to be proceeding well on schedule (for icebergs).
List Analyst,
George Morgan, provided the updated chart enclosed in this month's mailing.
General
membership meeting Thursday,
March 26, 1998, 125 Worth Street, Manhattan, 2nd Floor Auditorium, 6:00
pm.
ASA
promotional lists chart
This chart lists all Agencies that received lists of candidates eligible
for promotion to Associate Staff Analyst from any of the three Associate
Staff Analyst exams.
The results
shown are based upon information received from City Personnel. They are
incomplete in that some Agencies have called the lists but not yet returned
them, with results, to City Personnel.
Below is the
number and name of each Agency and the number of candidates who passed
one or more exams followed by the number of appointments made, if any.
As of February
1998: