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PEP Feb 2003
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  Public Employee Press

Local 1549 member wins job, back pay

By JANE LaTOUR

Clerical Associate II Philip Esposito had worked at Coney Island Hospital for 15 years when he returned home from a vacation in February 2002 and found a shocking message from management on his answering machine. He was terminated.

At work on a Monday morning, the Assistant Personnel Director coldly ordered him to “return all hospital property.” Management claimed his productivity was poor, but the union saw harassment at work.

As a mentally challenged adult in the city’s 55-A employment plan for the disabled, Mr. Esposito is entitled to the protection of that law and state and federal laws. At 40, he has held down his job and won the hearts and minds of co-workers.

According to Nina Perez, Grievance Rep for Clerical-Administrative Local 1549, “Philip Esposito has encountered many challenges since birth and has been able to overcome them.”

To fight the wrongful termination, an entire Local 1549 team kicked into action. “Every single member is important, and we’ll fight for every one,” said President Eddie Rodriguez.

For Philip Esposito, this made all the difference: “I kept saying to myself: ‘They’re all pulling for me.’ The feeling of solidarity brought a tear to my eye.”

The union team — put together by Mr. Rodriguez — included Clerical-Administrative Division Director Ronnie Harris, Assistant Director for Hospitals Renee Gainer, Ms. Perez, Chief Steward Huberta Raper and attorney Martin Druyan.
The Office of Administrative Trials and Hearings ordered the hospital to put him back to work with full back pay and erase all charges from his record.

For Mr. Harris, the case proves “what we can accomplish when we all work together to protect members’ rights.” For Ms. Gainer, the case proves that “It’s important that members under the 55-A Plan understand their rights,” she said.

Ms. Raper says she speaks for many union members when she says, “Philip Esposito is a special person. This is one of the most satisfying victories.”

 

 
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