Public Employee Press

Arbiter orders back pay for Jacobi worker

Patricia Egbufor has been a conscientious and industrious employee of Jacobi Hospital for almost 15 years. For many years, the Clerical Associate Level IV made sure equipment, policies and procedures were in place at Jacobi’s Gun Hill ambulatory care clinic and carried out duties such as attending management meetings and supervising the other clericals, Patient Care Associates and Service Aides.

In November 2008, when she realized that other similar clinics were headed by directors and associate directors, Egbufor filed an out-of-title-work grievance with the help of Clerical Division Grievance Rep Efrain Perez. The grievance asked Jacobi to upgrade the Local 1549 member to Coordinating Manager, which was consistent with the work she performed, and to pay her at that rate.

Denied by management at every level, her grievance went to arbitration, where DC 37 Assistant General Counsel Thomas Cooke handled the case.

“He was able to bring out the truth,” said Egbufor. Her case was so convincing that management finally agreed to a stipulated settlement that awarded her a thousands of dollars, although it provided no upgrading. Still, she found the result satisfying, and that was not about the money.

“I feel very happy because the truth came out. I believe all of the clerical staff should be able to speak out and stand by what they believe in and not allow management to intimidate them,” she said.

“I knew she had a winning case from the beginning, but we had to go through all the steps and fight all the way to the end,” said Perez. “We got some money for her, but it was about more than that. She did everything at a satellite clinic and then management really stepped on her. When it came time for an upgrade, they administered the final insult and replaced her with a Coordinating Manager,” he said. “It involved politics and budget constraints and the hiring freeze, but it was emotionally draining for her.”

“The end result was that they recognized that she did perform the work,” said Clerical Division Assistant Director Renee Gainer. “The union’s work is never in vain.”

“I want to thank DC 37, Local 1549, Thomas Cooke and Efrain Perez,” said Egbufor. “Sometimes we may lose hope, but the union is there for us.”