A
Local 768 member is back at work and nearly $70,000 richer after
an arbitrator ordered the Sanitation Dept. to cancel her firing and repay the
salary she lost.
I am so happy to be back, said Isa Cortada,
a Compliance Officer.
It was hard, but I managed, she said,
describing her 32 months out of work as her case moved through the grievance process
and wound up in arbitration. I worked a little bit and had unemployment
and savings. What helped most of all was the support of my family and friends.
The department fired Ms. Cortada in October 1997 after accusing her of altering
a medical note to extend her absence from work.
But Leonard A. Shrier,
the attorney who handled her arbitration, convinced Arbitrator Elaine P. Mills
that the department failed to substantiate the charge.
When she sought
the extension from her doctor, Ms. Cortada testified that she spoke to a clerical
worker who returned 10 minutes later with an envelope with a note. Several days
after she presented the envelope at work, management charged that Ms. Cortada
had altered the date of the note.
More proof is required, when
the charge is fraud and the consequence is dismissal after many years of employment,
Ms. Mill said in her decision.
The arbitrator said evidence for a firing
should be based upon a fair and reasonable inquiry or investigation of the
alleged wrongdoing, she stated. Such an investigation is absent.
Neither the city nor the union disputed that the date was altered. But, as
Ms. Mills noted, the alteration was so blatant that even a child would see
it immediately. She added, That the note has been altered, however,
is no proof that grievant altered it, or even if she did that the
alteration was fraudulent.
Local 768 President Helen Greene praised
Ms. Cortada for her patience and persistence in the case.
You
can imagine how stressful it is to face being dismissed from a job that youve
had for more than 10 years, Ms. Greene. But Isa refused to back down,
and she helped Lenny Shrier and the union develop the background for the argument
to win her job back. Were very happy for her.
Former
DC 37 Rep Nola R. Brooker, who now works as an assistant director in the Research
and Negotiations Dept., and Grievance Rep. Darryl Ramsey also worked on the case.
Right now, the union is battling the Sanitation Dept. over its refusal to give
Ms. Cortada credit for her annual and sick leave while she was out of work.
You have to be careful with everything, working for the city,
said Ms. Cortada. She said her experience taught her the value of keeping a paper
trail about matters that could affect her employment. One error can cost
you a lot.
After making some short-term investments and getting
her finances in order, she said she hopes to use the back pay to purchase a home.