Public Employee Press

Suspension "not reasonable," says arbiter
MetroPlus management slapped down for harsh discipline; back pay ordered for Local 1549 member

An impartial arbitrator rebuked the Health and Hospitals Corp. for suspending Local 1549 member Natalie Palomino in a minor licensing dispute without filing charges or holding a hearing.

When she was hired in 2006 as an Enrollment Sales Rep for HHC's MetroPlus health plan, Palomino was required to present the original of her license from the state Insurance Dept. With her license due to expire April 21, 2009, she renewed it online on April 15 and got a receipt confirming her application and then a state certificate confirming her licensed status.

Citing the requirement for new employees, HHC deemed the emailed documents insufficient; rather than confirming her status online, management
suspended her from duty without pay from April 24 through May 6, 2009, which cost her almost $1,800.

Clerical Division Council Rep Nina Perez filed a grievance for Palomino and handled it through steps 1, 2 and 3; DC 37 attorney Alan Brown took
the case to arbitration.

In August, Arbitrator Josef Sirefman said HHC had "treated her license as lapsed although it had been properly renewed," and concluded that the suspension was "not reasonable" and violated the contractual disciplinary procedure. He ordered HHC to restore Palomino's lost pay and clean the suspension from her record.

"It took a long time, but I was vindicated," said Palomino, who used the money to buy school uniforms for her two children. "I had the best of the best with Perez and Brown on my side."

The case "shows that people should believe in their union and reach out to us," said Local 1549 President Eddie Rodriguez.