Communication Workers of America

August 17, 2007

Anibal Ramos, Director
Essex County Department of Citizen Services
18 Rector Street , Floor 9
Newark , NJ , 07102

Step III Class Action Contractual Grievance
Wellness Courses
Article I. Purpose
Article VII. Discipline
Article XXV. Non-Discrimination
Human Resources Policies and Procedures
Americans with Disabilities Act
HIPAA, Title II

Dear Mr. Ramos:

CWA Local 1081 submits this Step III Contractual Grievance on behalf of our members who have Horizon Blue Cross Blue Shield as their respective medical coverage providers through the County of Essex as their employer to protest the unwarranted, illegal and unsolicited delineation of their personal health information.

Division of Welfare Director Bruce Nigro's attached Step II Class Action Grievance denial response is both insulting and inaccurate when he asserts within it "From my perspective, this is another instance of your taking something that can be positive for the employees and trying to make it a negative". How is our Union citing the County for not coordinating coincidentally offered to our applicable members respective wellness courses it offers with that of a vendor as pervasive as Horizon Blue Cross Blue Shield "a negative"? How is our Union citing the County for not delineating within Essex County Office of Human Services Director Alan Abramowitz's memorandum of July 18, 2007 written to "All Department Directors Statutory and Constitutional Officers," entitled "Needs Assessment-Wellness Courses" the fact that the courses are voluntary "a negative"? How is our Union citing the County for not holding a Labor/Management Roundtable meeting with which to educated the leadership of the respective Unions representing County employees about the wellness course, so the Union leaders could enthuse their members, "a negative"?. How is our Union expressing our consternation over Horizon Blue Cross Blue Shield's noting within its letters sent our applicable members informing them about the company's wellness courses our members' personal medical maladies when those letters could possibly be opened by persons other than to whom they were sent " a negative"?

As for Mr. Nigro's assertion within his denial response that "As said to you many times, of you to call or contact someone just to insure (sic) that you had the correct information before you attempt to make a mountain out of a proverbial molehill", our Union has unfortunately realized over many years of attempting to work with the County that memorializing our concerns is the most effective method of gaining the County's undivided attention and hopefully its constructive and positive response.

As the resolution to this grievance, CWA Local 1081 respectfully demands the following:

1. The County will direct Horizon Blue Cross Blue Shield to cease sending our affected members letters such as the one above described identifying our affected members' specific physical maladies, and shall provide the same directive to other County contracted health vendors acting similarly.
2. The County will take every measure to ensure the confidentiality of the topics selected by those of our Union 's members.
3. The County shall convene a Labor/Management Roundtable meeting regarding the former's wellness courses.

CWA Local 1081 seeks a hearing, in this regard.

Sincerely, David H. Weiner, President CWA Local 1081

C: C: Bruce Nigro
Alan Abramowitz