| AFSCME DISTRICT COUNCIL 47-LOCAL 810
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA-COURT OF COMMON PLEAS PROFESSIONAL
EMPLOYEES
1606 WALNUT STREET PHILADELPHIA, PA 19103 (215) 893-3754
Bob Zimmerman President Louise Carpino Vice-President Jeffrey DelagoTreasurer
Lisa Poe- Dickens Secretary
___________________________________________________________________
March 8, 2007
Marc Flood, DPA/HR
Dear Marc,
Local 810 is increasingly concerned with issues concerning our members,
most specifically in the areas of:
(1) Sick Leave Policy
(2) FMLA Interpretations and Implementation
(3) Repeated Delays in Promotions
(4) Indiscriminate Implementation of the “Red Line” System
SICK LEAVE
POLICY
Local 810
sees the present FJD Sick Leave Policy as unnecessarily punitive in
nature and arbitrary and capricious in dissemination
and use.
As you know from our numerous communications with you on this subject,
Local 810 members come in close physical contact on a daily basis
with a segment
of the population that in many instances carry serious disease. Homeless
individuals, HIV infected addicts and prostitutes, mentally ill individuals
with exceptionally
poor hygiene and sociopaths unconcerned with the spread of their diseases
are examples of these types. As a consequence, Local 810 members run a
greater risk
of contracting illnesses than FJD employees confined to administrative
positions.
Nevertheless, FJD administrators have carved out a convoluted, complex
sick leave policy that runs counter to and conflicts with all other sick
leave
policies for city employees who also are working with the same population
(police, firemen,
social workers, mental health workers, prison guards, etc.). Local 810
wants to know why our members are being treated differently than these
other city
workers
when we are all exposed to the same kind of risks. Local 810 also wants
to know why there is insufficient explanation disseminated about how this
punitive
and
confusing policy is to be implemented. For instance, nowhere in the policy
does it explain how to use non-consecutive non-FMLA sick days for the same
illness
without racking up countless “occurrences”.
Marc Flood
March 8, 2007
Page 2
Several months ago we submitted to you a Sick Leave Policy proposal that
mirrored the city policies. These polices have been in place for over 13
years without
change. You dismissed out of hand our proposal and never even allowed the
AGB to be made aware of it. You did, however, later agree to forward our
policy
to the AGB if we requested, albeit with the disclaimer that you would NOT
recommend it. WHY NOT?
FMLA INTERPRETATIONS
AND IMPLEMENTATION
Consistently
and persistently there are disagreements, denials, appeals and general
mass confusion surrounding how Local 810 members can submit
an FMLA
form to Human
Resources that will meet their ever changing requirements. In an effort
to remedy this mass confusion, Local 810 asked Human Resources to conduct
trainings
for
our members to clear up the issues and teach them how to fill out the
forms to meet their requirements. This request was flatly denied.
Instead, Local
810 was
told that Human Resources had trained the supervisors (only at 1401
Arch Street location) and that the employees were to ask their supervisors
for direction.
However, and further proof of the complexity of the forms, the supervisors
do not know how to fill out these forms and regularly send the employees
to a Local
810 representative for guidance. Human Resources recently declared
that
they do not want to talk to Local 810 representatives about members’ questions
any longer. What are the members to do?
Our members are being victimized and are severely frustrated and stressed
out over this double bind. All of these problems surrounding the form
were created
when Human Resources switched from a one page form that they had been
using for years and that the employees were familiar with to a 3 page
form. This
switch
was done without any education of the employees and as stated above
Human Resources refuses to train the employees on how to fill out the
forms.
Members are also
burdened with having to have the same form filled out by the doctor
a number of times until it finally becomes acceptable to Human Resources.
Some doctors
charge the members when they have to fill out these forms over and
over
again. Human Resources has also begun accusing members of altering
or falsifying the forms when the member fills out a portion of the
form
and the doctor
fills
out the rest. This practice was always acceptable in the past and no
member was given
notice that the forms could no longer be filled out in this way.
Marc Flood
March 8, 2007
Page 3
FMLA is a federal law intended to protect employees, not make them
spend inordinate amounts of work time trying to fulfill unclear requirements.
It was not the
intent of FMLA to victimize employees and to create anxiety and emotional
stress for
them while coping with their physical illnesses.
Local 810 members want to know why they cannot be trained to fill out
the forms properly or, in the alternative, why the 1 page form that
worked well for so
long cannot be used again.
REPEATED
DELAYS IN PROMOTIONS
On a frighteningly
regular basis, Local 810 members do not receive promotions and increments
in a timely manner. Months and months and
months after
these promotions and increments are due, the members are still
not being paid.
Human Resources
summarily dismiss our concerns with the retort that all monies
will be received “retroactively”.
This is an absurd defense of dereliction of duty. Human Resources’ administrative
tasks are being performed in an inefficient and slovenly way and
Local 810 members are being made to suffer as a result. Local 810
is confident that administrators
and management staff are not forced to wait for promotions and
increments in this manner and demand that this double standard
be eliminated.
INDISCRIMINATE
IMPLEMENTATION OF THE “RED LINE” SYSTEM
Local 810
wants to know what the “red line” signifies and why it
is only used sometimes in some locations, all the time in other locations, and
none of the time in yet other locations. Again, what is the policy? Can everyone
representing Human Resources agree to what the policy is? And after agreement
is reached, can the policy be consistently implemented and promulgated properly?
Does Human Resources know whether they consider our members salaried employees
or hourly employees? What relationship does Human Resources claim that the “red
line” has to whether our members are exempt or non-exempt employees? There
is now no “red line” at 1401 Arch St. (although there was for years).
There is a “red line” at 34 S. 11th St. There is a “red line” in
some units at 1801 Vine, but not in others. There is no “red line” in
Human Resources.
Can someone please tell Local 810 what is going on and why?
Marc Flood
March 8, 2007
Page 4
Local 810 members are also being subjected to a double standard
regarding their base salary. In the 15 largest counties in
the United States,
our members’ salaries
rank number 10, while FJD administrators’ salaries rank number 4. Our members
are on the front lines working hard every day to keep our communities safe, while
FJD administrators’ are working to make our job even harder than it is
by demoralizing our members through unreasonable, punitive polices and at the
same time collecting proportionately higher salaries.
In closing, Local 810 would appreciate a timely and comprehensive
response to this communication.
In Appreciation,
Bob Zimmerman, President
AFSCME Local 810
215-893-3754 |