Public Employee Press

DC 37's got your back: Grievance victories
HHC worker's suspension overturned

An impartial judge at the Office of Administrative Trials and Hearings sided with DC 37 and dismissed the Health and Hospitals Corp.'s 30-day suspension of an Institutional Aide after a Labor Relations officer wrongfully charged her with theft and intoxication. HHC also repaid the Local 420 member $2,500.

"The manager accused me of stealing a patient's iPod dock and tried to fire me," said Isabel Savain, an HHC employee since 2004. "I was offended. It was embarrassing. I had to clear my name."

Savain cleans patients' rooms at Henry J. Carter Specialty Hospital and Nursing Facility, a long-term care institution in Harlem. Daily she pushes a cart of cleaning supplies on her regular assignment.

Last May, Savain was reassigned to clean the 7th floor West unit where she found an iPod dock clock radio in a vacant room. She put it on her cart, intending to bring it to her manager, a Crothall employee, before her shift ended.

"I saw a man searching rooms, and asked if he needed help. He was looking for the iPod dock radio, so I took him to my cart and gave it to him," said Savain.

Unknown to her, the irate man reported the incident to Labor Relations, complained about the treatment of his mother and accused Savain of having "the stench of alcohol" on her breath.

The labor relations officer called in Savain, alleging that she planned to steal the dock and made other baseless accusations.

"I have good relationships with my supervisor and coworkers. They never believed the accusations," Savain said. With her job threatened, she spoke to Chapter Chair Miguel Ortiz and Council Rep Sallie Stallings, who filed a grievance.

At the Step 1A disciplinary hearing, Stallings said, "Human Resources said Savain should resign but she refused, so they placed her on a 30-day pre-hearing suspension without pay."

The case went to OATH in Oct. 2014, where, upon hearing testimony, the judge ruled against HHC since it "failed to present credible evidence to prove its charges," nor had it proved Savain violated HHC rules. In November, the judge exonerated Savain of all charges.

There were numerous inconsistencies in the testimony of Savain's accuser that contradicted HHC's surveillance videos, Stallings said. "The member was honest, but HR made a federal case of it. Their evidence was flimsy from the get-go."

"I'm lucky to have DC 37 - I can't afford to hire a lawyer," Savain said. "I have complete faith in my union. They proved I did nothing wrong and cleared my name."

— DSW