June 18, 2007
Anibal Ramos, Director
Essex County Department of Citizen Services
18 Rector Street , Floor 9
Newark , NJ , 07102
Step III Class Action Contractual Grievance
Unwarranted Denial of Merit Day
Article I. Purpose
Article VII. Discipline
Article XIII. Salaries and Compensation
Article XIV. Performance Appraisal System
Article XXV. Non-Discrimination
Dear Mr. Ramos:
CWA Local 1081 submits this Step III Class Action Contractual Grievance to protest the content of the attached memorandum of March 7, 2007, entitled "Merit Day" and authored by Director Nigro, wherein he without justification maintains that "Any employee who received an increment or ½ of an increment in calendar year 2006 is not eligible for a Merit Day off in 2007". Mr. Nigro's attached cryptic memorandum of June 11, 2007, denying our Union's Step II Class Action Contractual Grievance in this regard, is unacceptable to CWA Local 1081 and our Union 's members:
- Mr. Nigro's above referenced memorandum asserts "Article XIII-Salaries and Compensation, Number 4, 'Effective December 31, 2006, the County will implement one-half (1/2) of a tenth (10th) step to the respective ranges as of 12/30/06, for all eligible employee of the bargaining unit'".
- However, Mr. Nigro egregiously misinterprets our contracts when he erroneously asserts "Any employee who received an increment or ½ of an increment in calendar year 2006 is not eligible for a Merit Day off in 2007".
- In fact, Mr. Nigro's memorandum accurately asserts that our contracts state "Employees who are at the maximum of their title's salary range during the performance year will be credited a day off in the succeeding year." Last year, as per our negotiations' discussed and memorialized interactions with the County regarding the specific contracts' articles Mr. Nigro cites, those members of our Union, as well as those applicable members of PESU, at maximum were granted a merit day off because of the fact they had been at maximum within 2005.
- Those members at maximum within calendar year 2006 were, both technically and actually, at maximum within the entirety of that calendar year, up to and inclusive of December 31, 2006, with the compensation for the ½ step increase not actually provided them until the third pay within 2007.
- Therefore, all members of CWA Local 1081 who were at maximum within the 2006 performance year are indeed eligible for a credited day off within calendar year 2007.
The resolution CWA Local 1081 respectfully demands is for the County of Essex to withdraw the abovementioned memorandum and credit all of our applicable members a merit day in 2007.
Our Union seeks a hearing, in this regard.
Sincerely,
David H. Weiner, President
CWA Local 1081
C: Hon. Joseph DiVincenzo, Essex County Executive
Dolores Capetola, Assistant County Counsel
Bruce Nigro, Director, ECDW
Lynn Buckley, CWA Representative
Stephen Weissman, Esquire
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