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PEP Jul/Aug 2003
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  Public Employee Press

Speakerphone hearing proves the point

After 24 years of steady city work and nine years of routine commutes to a Lower Manhattan HRA site, on Sept. 11, 2001, Winnie Dottin couldn’t make it to her job processing contractors’ invoices.

And when she returned to her office at 250 Church St. on Sept. 19, she was overcome with a serious reaction to the neighborhood’s dusty, smoky air. Her head ached, her eyes burned, her throat was raw and she couldn’t stop coughing.

Years of debilitating chronic asthma and a heart attack in 2000, left Ms. Dottin even more susceptible to the effects of the poor air quality that troubled most of the work force in the building. On Oct. 5, the Human Resources Administration moved the whole office to temporary space on 26th Street and 11th Avenue. On her last day downtown, Winnie Dottin’s breathing became so labored that her co-workers had to help her pack.

In December, the group was scheduled to move back to 250 Church. But for Ms. Dottin, returning to that space was unthinkable. She submitted notes from her doctors along with a request for a transfer on Dec. 4. But instead of helping, HRA charged her with insubordination, absence without authorization, and conduct prejudicial to good order.

“I had a good record,” she said. “My feeling was — you don’t care anything about us.” Having been a steward in Clerical-Administrative Local 1549 from 1993 to 2001, she knew where to turn. Grievance Rep Alpine James was the first line of defense in the process that ended with a hearing at the Office of Administrative Trials and Hearings.

“Rather than showing concern, the agency assumed she was overreacting,” said Ms. James. OATH scheduled the hearing for 40 Rector St. — next to Ground Zero. Because of her condition, she could not attend, and the hearing was held via speakerphone. “I can’t remember another instance like this,” said Ms. James.

The OATH ruling vindicated Mrs. Dottin. All charges against her were dismissed and she was granted her transfer. Union attorney Martin Druyan calls Mrs. Dottin “one of the quiet heroes of 9/11.” Winnie Dottin feels “grateful that anyone after me will benefit from the agency being forced to have some empathy. So hang in there and stand your ground.”

 

 

 
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