MONTROSE — Annmarie Salerno has made a career of providing exemplary care as a certified nursing assistant at the New York State Veterans’ Home at Montrose.
When a challenging task arose or an extra shift was needed to meet staffing minimums, she was the go-to person.
That’s why Salerno was shocked when a manager issued her a notice of discipline suspending her and recommending termination.
Thanks to our union, however, Salerno is back on the job and eager to share how CSEA had her back throughout the disciplinary process.
‘Everybody said they can’t believe this’
Salerno’s case stemmed from an incident involving a new resident at Montrose who was being uncooperative and belligerent. The resident wandered into another wing of the facility, without the wheelchair or walker the resident’s medical record said were necessities. Also, the resident refused requests to leave that wing.
Salerno, along with a nurse and nursing supervisor, tried to de-escalate the situation. But Salerno’s superiors ultimately contacted a doctor by phone, who directed nurses to administer medication to calm the resident. Salerno was directed to assist with physically restraining the resident for administration of the medication and a wheelchair transport back to the resident’s room.
What started as following directives resulted in suspension for Salerno, with claims she violated state policy by participating in the restraint and administration of medication. She was also cited for not reporting the incident properly up the chain of command, even though Salerno’s superiors were alongside her during the incident.
“The LPN was there, the RN was there, the nursing supervisor was there,” said Salerno. “How could I step over my chain of command to call someone else?”
Not only were the charges unexpected, but the state’s request to terminate her also left Salerno shocked.
“Everybody said they can’t believe this,” said Salerno. “They came with an iron fist. They didn’t know me or my work ethic.”
Advocating for a fair decision
Salerno was suspended for roughly four months before her case went before an arbitrator. She had the support of Mid-Hudson State Employees Local President Tim McNamara, labor relations specialist Alisa Cagle, and regional attorney Nathaniel Charny.
During the arbitration, Salerno said our union’s team was able to highlight how heavy-handed the charges were. In his written decision, the arbitrator agreed, deeming the state’s proposed termination as excessive and instead calling for a letter of reprimand to address some minor policy matters.
“The idea that Grievant is culpable for these restraints borders on the absurd and ignores all of the fundamental realities of a medical workplace,” Arbitrator Jay Siegel wrote in his decision.
The decision went on to say, “The idea that Grievant, in the midst of this, had any authority to stop what was happening is ridiculous. Was Grievant really going to step in and tell her bosses that they, and the doctor who was on the phone and being consulted with, had the restraint process all wrong? That is unrealistic. Grievant is not responsible for restraining [the resident] either chemically or physically. She was simply following the direction of higher-ranking medical people.”
Siegel directed that Salerno be returned to work with back pay.
The union difference
While the suspension and attempted termination created stress and hardship for Salerno, she said she has felt the support of our union every step of the way.
“Thank goodness for Tim, Alisa and Nathaniel,” said Salerno. “They saw the unfairness that was going on and made sure the truth came out, and I think the judge made the decision that this was unfairness to a union member. Tim was always checking in, Alisa was amazing with research and Nathaniel and his office were fantastic.”
Salerno said she will make sure her co-workers know how our union fought for her and will remind them of the importance of being a member.
“I know who stood with me during that time – CSEA – and that’s who I’m going to be standing with,” said Salerno.
— Jessica Ladlee