Page 9 - Work Force March 2017

Gartland, local activists focus as a team on building unionism
ALBANY — For his considerable
and consistent efforts to engage members in unionism, Capital Region Judiciary Local President Scott Gartland was honored with CSEA’s 2016 Membership Achievement Award.
The recognition highlights an individual, group or local whose outreach to new and potential members translates to high membership levels.
Gartland, a New York State court officer, started on the path of union activism in 1998, first becoming
a shop steward, then a grievance representative. Since 2009, Gartland has served as his local’s president.
Known as gregarious and keen on debate, Gartland said he was truly “caught off guard” by the award that was presented at our union’s 106th Annual Delegates Meeting in front of hundreds of activists.
“I had no idea and was actually at a loss for words, which doesn’t usually happen to me,” joked Gartland.
Gartland stressed that the award
is earned by “the team” at the Capital Region Judiciary Local, who all share in ongoing recruitment efforts that have translated to a consistent 95 percent or higher rate of membership since 2009.
“This is our award, not my award,” said Gartland.
So, what kinds of actions do local officers and activists implement to engage new and existing members? Here is Gartland’s response:
“It’s about activism and having members involved. When we talk with potential members, we never say, ‘You are paying dues, anyway.’ That’s the wrong way. We talk about the
two biggest positives, voting on union representation and your contract.
We try to be friendly and inclusive in our approach and we maintain consistent communication with our members through newsletters and meetings.
We also target agency fee payers with contract updates. We even did a special newsletter on women’s health issues targeting agency fee payers.
We focus on getting in front of
Gar tland
new hires. We coordinate with management to make sure our member application is in the new employee packet. New court officers come through the training academy here in the Capital Region, so I do a lunch and learn and explain to them that they are union members, what some of the benefits are and I bring applications right there.
All this resonates with people. That, and the fact that we have a presence. We have a large local in 14 counties, yet we make it a point to do visits, get in front of people as much as possible
for applying protective mitts to a combative person, and there is no training specifically for defending against an attempted bite. The administrative law judge (ALJ) held that the mitts were applied to the individual for his own protection
and that the DSA’s action was “a reasonable emergency intervention to prevent imminent risk of harm to the Service Recipient.” Accordingly, the ALJ found that the Justice Center did not prove that the DSA had committed abuse and ordered that the substantiated report be amended and sealed.
OPWDD employee exonerated
The state sought the termination
and stay in touch. Our members know who we are, who their reps are and how to reach us.
Our goal is to make membership mean something and to continue to cultivate a ‘members-first’ culture.
Someone came up to me after a membership meeting recently and said they noticed how well our local works together as a team. That was probably one of the proudest moments I have had as the leader of our team; to have our members recognize that our union is a team, not one person.”
— Therese Assalian
of a 16-year developmental disabilities secure care treatment aide (DDSCTA) for allegedly abusing a resident at a secure facility. Many of the residents at the facility have committed sex offenses and other crimes and were seen as unfit to stand trial. An attorney from the Justice Center represented the
state at the arbitration hearing to prosecute the charges against the DDSCTA. After a multi-day hearing, including testimony from multiple witnesses and documentary evidence, an arbitrator dismissed the charges against the DDSCTA and reinstated the employee with full back pay and benefits.
CSEA legal corner
Editor’s Note: Your CSEA Legal Department is a team of 11 in-house counsels and a regional attorney network representing members across New York state. The department handles more than 1,000 cases each year, including grievance arbitrations, court actions, and administrative proceedings. Here are some recent victories your legal team secured for CSEA members.
Direct support assistant’s actions not abuse
This Justice Center case alleged that a 17-year direct support assistant (“DSA”) abused an individual receiving state OPWDD services when the DSA allegedly used
March 2017
an improper technique that included pushing and/or turning a service recipient’s face to the side with her hand when he was engaged in an innappropriate behavior. Just before the alleged incident, the individual was punching himself in the head with his fists. While attempting to put protective mitts on the individual’s hands to prevent further injury, the individual kicked at the DSA and
her co-worker and attempted to bite the DSA’s arm. The DSA then used an open hand to press against the individual’s head and turn his face away to avoid being bitten.
An OPWDD trainer admitted on cross-examination that there is no approved restraint technique
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