February 27, 2012
David Gawenus, ASFS
Downtown Citizen Services Center
Essex County Division of Welfare
18 Rector Street, Floor 7
Newark, NJ, 07102
Re: Step I Class Action Contractual Grievance
2/24/12 "Union Business" Memorandum
Article I. Purpose
Article VII. Discipline
Article XXV. Non-Discrimination
Dear Mr. Gawenus:
CWA Local 1081 submits this Step I Class Action Contractual Grievance on behalf of our members assigned to the Downtown office to protest the content of your attached memorandum of February 24, 2012 entitled "Union Business":
- Within the first sentence of your memorandum, your assertion that "Union business cannot be conducted during office hours" is discriminatory and is violative of both long-standing past practice as well as Article XXV. Non-Discrimination of CWA Local 1081's contract with the County of Essex which states:
The County agrees not to interfere with the right of employees to become members of the Union. There shall be no discrimination, interference, restraint, or coercion by the County or any of its representatives against any employee covered by this Agreement because of Union membership or non-membership in the Union or because of any lawful activity by such employee permissible under law or this Agreement on behalf of the Union.
- Within the second sentence of your memorandum, you completely contradict the culpable contention contained within your first sentence by asserting "Employees are required to request permission to conduct union business on the premises".
The content of your abovementioned menacing memorandum constitutes, as well, an Unfair Labor Practice based upon the provisions of the New Jersey Employer-Employee Relations Act. CWA Local 1081 reserves our legally recognized right to file an Unfair Labor Practice Charge against you, and/or the County of Essex, were you to fail to comply with our Union's demands delineated directly below.
The resolution CWA Local 1081 demands to this grievance consists of your withdrawing your above cited memorandum and your ceasing your dodgy discrimination against the members of CWA Local 1081.
We seek a hearing in this regard.
Sincerely,
David H. Weiner, President
CWA Local 1081