March 16, 2009
Bruce Nigro, Director
Essex County Division of Welfare
18 Rector Street, Floor 9
Newark, NJ, 07102
Re: Step II Class Action Contractual Grievance
Inadequate Fire Emergency Response Measures
Article I. Purpose
Article XXV. Non-Discrimination
Article XLIX. Safety of Staff
Dear Mr. Nigro:
CWA Local 1081 submits this Step II Class Action Contractual Grievance, on behalf of all of our adversely affected and potentially adversely affected members employed by the Essex County Division of Welfare and deployed within the privately-owned 18 Rector Street building, to protest the inadequate fire emergency response measures presently in place within the agency and particularly within that site. This inadequacy was exemplified on Friday, March 13, 2009 when debris within the dumpster situated outside the 18 Rector Street entrance, next to the ramp utilized by clients and their children to enter and exit the facility, caught fire:
- Smoke from the fire poured into the 18 Rector Street building, via the lower floors’ widows, and quickly spread throughout the facility probably thought the ventilation system.
- Approximately ninety-five percent (95%) of the windows on the first floor Military Park Citizen Services Center office are painted closed, as our Union surmises is the case within the other agency offices within the building, thus impeding any efforts to allow the smoke to more quickly exit.
- Were a fire to erupt within one or more of the lower floor offices’ staircases, escape through the windows would be slowed if not impossible.
- One of our Union’s members suffering with asthma went to another floor and yet another member so afflicted left for the day, as both were adversely affected by the noxious fumes of the fire’s smoke.
- One of Union’s members, who is pregnant, reportedly requested of management she be allowed to temporarily relocate to the County-owned 50 South Clinton Street facility but was denied and told to use her own accrued agency time to go home and have her Union’s grieve the denial on her behalf. Inasmuch as that CWA Local 1081 member did go home using her own accrued agency time, this in order to protect her health and that of her unborn child, the grievance our Union shall submit on her behalf will shortly be forthcoming.
As you no doubt recall, CWA Local 1081 submitted the attached Step III Class Action Contractual Grievance of February 24, 2009, entitled “Emergency Response Measures” in order to “to protest the inadequate emergency response measures presently in place within the agency”. That prescient piece of protest portended the possibility, and indeed probability, of the March 13, 2009 fire’s occurrence and the County’s lack of sufficient emergency response measures presently in place:
- Due to the high, and rapid, turnover of staff the office’s emergency response “captains” and their respective backup personnel have changed and have not been universally replaced and trained.
- As recently occurred on the ninth floor of the agency, which was the subject of Mr. Nigro’s attached memorandum of January 21, 2009 written “All Staff-18 Rector Street, Newark”, entitled “Emergency Response”, there exist two separate telephone intercom systems on that floor resulting in the staff located on the fiscal side of the floor not being made privy to an emergency announcement.
- As recently occurred within the Westside office on the third floor of the agency, the emergency announcement system does not reach the client area.
The resolution to this grievance, CWA Local 1081 demands, is the same as we reiterated within our abovementioned and as yet to be responded to Step III Class Action Contractual Grievance of February 24, 2009:
1. CWA Local 1081 and management shall conduct a special Health and Safety Committee tour and survey of the entire 18 Rector Street facility, wherein the County leases space, so as to determine the magnitude of the very serious above cited safety issues and to ascertain if yet others exists as well.
2. The County shall post haste ensure such safety issues are remedied.
Sincerely,
David H. Weiner, President, CWA Local 1081
February 24, 2009
Anibal Ramos, Director
Essex County Department of Citizen Services
18 Rector Street, Floor 9
Newark, NJ, 07102
Re: Step III Class Action Contractual Grievance
Emergency Response Measures
Article I. Purpose
Article XXV. Non-Discrimination
Article XLIX. Safety of Staff
Dear Mr. Ramos:
CWA Local 1081 submits this Step III Class Action Contractual Grievance, on behalf of all of our adversely affected and potentially adversely affected members employed by the Essex County Division of Welfare, to protest the inadequate emergency response measures presently in place within the agency:
1. Due to the high, and rapid, turnover of staff the office’s emergency response “captains” and their respective backup personnel have changed and have not been universally replaced and trained. Director Nigro’s attached Step II Class Action Grievance denial response of February 10, 2009 is unacceptable, to CWA Local 1081 and our Union’s adversely affected members, in this regard.
2. As recently occurred on the ninth floor of the agency, which was the subject of Mr. Nigro’s attached memorandum of January 21, 2009 written “All Staff-18 Rector Street, Newark”, entitled “Emergency Response”, there exist two separate telephone intercom systems on that floor resulting in the staff located on the fiscal side of the floor not being made privy to an emergency announcement. Director Nigro’s attached Step II Class Action Grievance denial response of February 10, 2009 is unacceptable, to CWA Local 1081 and our Union’s adversely affected members, in this regard.
3. As recently occurred within the Westside office on the third floor of the agency, the emergency announcement system does not reach the client area. Director Nigro’s attached Step II Class Action Grievance denial response of February 10, 2009 is unacceptable, to CWA Local 1081 and our Union’s adversely affected members, in this regard.
The resolution to this grievance, CWA Local 1081respectfully reiterates, consists of the following:
1. CWA Local 1081 and management shall conduct a special Health and Safety Committee tour and survey of the entire 18 Rector Street facility, wherein the County leases space, so as to determine the magnitude of the very serious above cited safety issues and to ascertain if yet others exists as well.
2. The County shall post haste ensure such safety issues are remedied.
Sincerely,
David H. Weiner, President, CWA Local 1081