Public Employee Press

Anonymous call. No evidence. Case dismissed!

On the psychiatric ward at Bellevue Hospital, Psychiatric Technicians Marcus Little and Jason Ortiz are responsible for the safety of 30 patients who have been diagnosed with serious mental illnesses.

The patients, who frequently refuse their medication, can be dangerous to themselves, other patients and the staff.

When psychiatric patients get unruly, the well-trained Technicians are immediately summoned to restore order. Occasionally they have to physically restrain violent patients.

On March 29 last year, Little and Ortiz were called to help with a patient who had become violent while staff members attempted to administer medication. The patient needed to be restrained, which can sometimes lead to accusations of excessive force.

“We’re trained to handle these situations without hurting the patients,” said Ortiz. Patients have spat on him and thrown chairs at him. He understands that, “Sometimes they’re mad because they haven’t taken their medication or because they can’t go home when they expect.”

An accusation of patient abuse came not from the patient , but from an anonymous caller. Without hearing the employees’ side, management suspended Little and Ortiz. They were never told the reason they were suspended, said Ortiz, until they met with their union Rep, Felicita Creque.

With the help of the DC 37 legal team Little’s case was presented Sept. 7 and Nov. 16, 2006, at the Office of Administrative Trials and Hearings. On Jan. 19, Administrative Law Judge John Spooner ruled that Bellevue had insufficient evidence to proceed with the matter and recommended that the case be dismissed.

DC 37 Hospitals Division Director Johnnie Locus said that winning grievances like this is important because union members are very skilled and have rights.

After missing nine months of work Ortiz and Little returned to work with $42,000 in back pay.
“If nobody takes a stand this kind of thing will just continue,” said a victorious Jason Ortiz. “And our union took a stand!”