Communication Workers of America

April 16, 2007

Bruce Nigro, Director
Essex County Division of Welfare
C/O Yvonne Davis, Deputy Director
18 Rector Street , Floor 9
Newark , NJ , 07102

Re: Step II Class Action Contractual Grievance
Unwarranted Denial of an Emergency Day
Article VII. Discipline
Article VII. Holidays
Article XXV: Non-Discrimination

Dear Mr. Nigro:

CWA Local 1081 submits this Step II Class Action Contractual Grievance to protest the fact the County of Essex today declined to declare this day a "holiday" despite the fact Acting Governor Richard Codey has in effect done so through his issuance of the below attached declaration of a State of Emergency existing within New Jersey and wherein he "urges residents to refrain from non-essential travel".

As cited within Gov. Codey's abovementioned State of Emergency, "There are multiple road closures throughout the state and the public can expect significant delays." Additionally, Gov. Codey's State of Emergency asserts "I authorize and empower the executive head of any agency or instrumentality of the State government with authority to promulgate rules to waive, suspend or modify any existing rule the enforcement of which would be detrimental to the public welfare during this emergency, notwithstanding the provisions of the Administrative Procedure Act or any law to the contrary for the duration of this Executive Order, subject to my prior approval and in consultation with the State Director of Emergency Management. Any such waiver, modification or suspension shall be promulgated in accordance with N.J.S.A. App. A: 9-45."

The resolution CWA Local 1081 respectfully demands to this grievance is for the Administration of the County of Essex to:

1. Declare today a that a formal State of Emergency exists within the County of Essex
2. Travel, to and from many parts of Essex County , and beyond, has become perilous and should be avoided by all employees of the Essex County Division of Welfare.
3. Those members of CWA Local 1081 employed by the Essex County Division of Welfare that were unable to venture to work today due to the inclement and dangerous conditions delineated within Gov. Codey's State of Emergency should not be personally charged any vacation, sick, personal, or merit time and should be fully compensated for today within their receipt of their next pay check.
4. Those members of CWA Local 1081 employed by the Essex County Division of Welfare that were able to brave the dangerous elements cited by Gov. Codey should be allowed to leave early today, were that their choice, so as to abide by Gov. Codey's recommendation that "Residents should not travel unless necessary. If you must travel allow yourself plenty of time to get to your destination." In addition, those members of CWA Local 1081 so affected should be credited with the full amount of time they remained upon the job today and be compensated with their choice of payment for the hours worked or the provision of a comparable compliment of compensatory time.

CWA Local 1081 seeks a hearing, in this regard.

Sincerely,

David H. Weiner, President

CWA Local 1081