February 18, 2009
Bruce Nigro, Director
Essex County Division of Welfare
18 Rector Street, Floor 9
Newark, NJ, 07102
Re: Step II Class Action Contractual Grievance
Iniquitous Obligatory Confidentiality Agreement
Article I. Purpose
Article VI. Management Rights
Article VII. Discipline
Article XXV. Non-Discrimination
Article XLII. Extent of County Liability
Dear Mr. Nigro:
CWA Local 1081 submits this Step II Class Action Contractual Grievance on behalf of all of our Union’s members whom have already been, and shall be, obligated to sign the attached New Jersey Title IV-D Confidentiality Agreement.
The Agreement illogically, and inequitably, contains the following requirements:
- The Agreement states “I agree to comply with and be bound by all confidentiality policies and procedures of the New Jersey Title IV-D program and by all confidentiality regulations and laws applicable to my job, as updated periodically, including but not limited to” the six listed “confidentiality regulations and laws”, this despite the fact our adversely affected members have not been made privy to the cited applicable “confidentiality regulations and laws”.
- The Agreement states “I hereby certify receipt of or access to the above materials”, this despite the fact our adversely affected members have not been made privy to, or provided, the cited applicable “above materials”.
- The Agreement states “I will secure any confidential documents and data in accordance with the above law, regulations, policies and procedures”, this despite the fact that our adversely affected members may not yet have been made privy to the “above law, regulations, policies and procedures”.
- The Agreement states “I will adhere to all New Jersey IV-D program policies and procedures regarding requirements for safeguarding Internal Revenue Service (IRS) information as ser forth in federal law and regulation”, this despite the fact our adversely affected members have not been made privy to the cited applicable “federal law and regulation”.
- The Agreement states “I will adhere to the additional security procedures for information on a case protected due to family violence”, this despite the fact that the majority of our adversely affected members have not been made privy to the “additional security procedures for information on a case protected due to family violence”.
- The Agreement states “I recognize that my individual agency may have additional codes of conduct or ethics to which I must also adhere”, this despite the fact some or all of our adversely affected members may not yet have been made privy to the “additional codes of conduct or ethics”.
The resolution CWA Local 1081 respectfully demands to this grievance consists of the following:
- The County shall return to all our members whom have already signed the Agreement the original copies of same to be destroyed.
- The County shall afford all of our applicable members copies of the cited applicable “confidentiality regulations and laws”, the “above materials”, the “above law, regulations, policies and procedures”, the “federal law and regulation”, the “additional security procedures for information on a case protected due to family violence” and the “codes of conduct or ethics” to which they must attest they shall abide before again requiring they sign the Agreement.
We seek a hearing, in this regard.
Sincerely,
David H. Weiner, President
CWA Local 1081
C: Anibal Ramos
Yvonne Davis
Hetty Rosenstein
Alan Kaufman
Stephen Weissman, Esq.