Page 7 - Work Force June 2019

Continued from page 6
Standing strong
It was a difficult time, but Muhammad never felt alone. As a CSEA member, she relied on her network of union allies to represent her at every step of her fight.
Working with her local, including Loya, as well as CSEA Labor Relations Specialist Charles Barley and CSEA Senior Associate Counsel Jennifer Zegarelli, who handled the case on behalf of our union, Muhammad’s case eventually went to arbitration.
The Capital District DDSO Local even helped secure an expert witness to counter false claims. Muhammad was highly credible. Her accuser was not.
The arbitrator, in ruling in favor of CSEA on behalf of Muhammad in May 2015, wrote, “After observing [the accuser]
testify under
direct and cross
examination,
I note that he
speaks clearly
and directly,
and responds
appropriately
to questions. I
agree that he
knows truth from
fiction. But the
real question is
‘can he adhere to
the truth’ or does
he wish to tell the
truth if his interests are negatively affected. I seriously doubt that.”
While Muhammad received back pay and was able to return to work, her battle wasn’t done. She would have to square off against the Justice Center to clear her name, keep her job and keep her career on track.
Relief and a major change
After the arbitration ruling, CSEA spent more than three years fighting the Justice Center for Muhammad and other workers.
CSEA contended workers should not have to litigate their case twice when they were found not guilty of disciplinary charges by the employer.
In November 2018, the state Supreme Court Appellate Division for the Third Department ruled in favor
of Muhammad.
“We find that the Justice Center
was precluded ... from relitigating the question of fact that were resolved in the petitioner’s favor in the disciplinary proceeding. Thus, her petition to annul the Justice Center’s determination should have been granted and the determination annulled.”
After Zegarelli called Muhammad with news of her win, “I just cried,” said Muhammad.
“In Zarinah’s case and in the case of any member, there is absolutely no length that our Local 407 will not go to in their defense,” said Loya.
Muhammad’s victory not only meant justice for herself, but sweeping changes for all workers covered by the Justice Center.
“Zarinah’s story was an early challenge to the
power of the then newly created Justice Center,” Barley said. “In
the early years,
the Justice Center came rushing in with paper-thin accusations against hardworking direct support assistants, potentially ruining their lives and
the lives of their
families. Zarinah and the local’s fight shows the power
of the union to exonerate wrongfully accused workers in a tough industry.”
As a result of the Appellate Division upholding CSEA’s claim in Muhammad’s case, the Justice Center is potentially barred from maintaining Justice Center charges against our members when they are cleared of disciplinary charges relating to the same incident.
Speaking of her team, Muhammad is grateful for the support she received.
“[Our union] did anything and everything they could,” she said. “Every time we were batted down, they said, ‘hang in there.’ They kept hope alive. I don’t know where I would have been [without our union].”
— Therese Assalian
Muhammad
As a result of the Appellate Division upholding CSEA’s claim in Muhammad’s case, the Justice Center is potentially barred from maintaining Justice Center charges against our members when they are cleared of disciplinary charges relating to the same incident.
Know Your Rights
WORKERS’ COMPENSATION
SOCIAL SECURITY DISABILITY BENEFITS
PERSONAL INJURY CLAIM
PERSONAL LEGAL SERVICES PLAN
TAKING CARE OF BUSINESS
The CSEA Legal Department oversees the Legal Services Program and CSEA has endorsed the statewide law firm of Fine, Olin & Anderman, LLP, to represent members for injury- related matters. For all matters call CSEA at 1-800-342-4146.
WE CAN HELP!
June 2019
The Work Force 7