January 25, 2016
Jeanette Page-Hawkins, Director
Essex County Division of Welfare
18 Rector Street, Floor 9
Newark, NJ, 07102
Re: Step II Class Action Contractual Grievance
City of Newark’s Travel Ban
Article I. Purpose
Article VII. Discipline
Article XXV. Non-Discrimination
Article XXX. Work Distribution and Practices
Article XLIX. Safety of Staff
Dear Ms. Page-Hawkins:
CWA Local 1081 submits this Step II Class Action Contractual Grievance on behalf of all of our Union’s members to protest the Administration of Essex County Executive Joseph DiVincenzo compelling our members to attend work today, this after City of Newark Mayor Ras Baraka has “extended the travel ban imposed on Saturday evening for the City of Newark until further notice, stating that an overwhelming number of police, fire and OEM vehicles have been obstructed due to vehicles stuck in the snow throughout the city” due to this weekend’s nearly unprecedented snow blizzard. Please note Mayor Baraka’s attached press release, entitled “Travel Ban Continues Until Further Notice” and which was release on Sunday, January 24, 2016 at 7:27 PM. Attached, as well, please note Mayor Baraka’s press release issued yesterday entitled “The City of Newark Announces City Hall will be Closed and Some City Services will be suspended on Monday, January 25, 2016”:
1. Inasmuch as Mayor Baraka, in his infinite wisdom, has recognized how treacherous the streets of Brick City remain today, our Union’s members assigned to the 18 Rector Street, Newark building and the Hall of Records would be breaking the law were they to attempt to brave the dangerous street conditions by violating the Mayor’s proclamation.
2. Our Union’s members assigned to the 50 South Clinton Street, East Orange building will fare no better were they to attempt to navigate the similarly dangerous snow laden streets of that contiguous neighboring municipality.
3. The Administration of Essex County Joseph DiVincenzo would be placing our Union’s members both in physical danger as well as facing legal liability were Joe D to compel them to come to work under these menacing circumstances.
Therefore, the resolution CWA Local 1081 respectfully demands to this grievance consists of the following:
1. The County shall declare a snow emergency and not require “non-essential” employees (those not working within the County’s law enforcement and twenty-four hour institutions) of the Division of Welfare to come to work today.
2. These Division of Welfare employees shall not be charged with a sick, vacation or personal day due to the closing of our agency.
3. The County shall consider today’s closing of our agency akin to its myopic “Monthly Administrative Day”, but with the positive intention of keeping safe the agency’s employees and their clients alike.
We seek a hearing in this regard.
Sincerely,
David H. Weiner, President
CWA Local 1081