Union Denounces Westchester Medical Center for Retaliation Against Pregnant Worker, Civil Service Violation

VALHALLA (12/09/2010)(readMedia)-- CSEA, the union representing over 1,400 workers at Westchester Medical Center, today announced its success in preventing management from the Westchester County Health Care Corporation from following through with retaliation against an employee who successfully sued the hospital for illegal termination of her job.

Following CSEA member Christina Marquez's victory in an Article 78 lawsuit, WCHCC was ordered to return Marquez to her job as an ultrasonography technician and award her back pay. Rather than placing Marquez back at her job in the hospital's Advanced Imaging Department where she'd worked for over two years, management moved Marquez to an evening shift in a different department. The change in work hours and location came after Marquez, who is pregnant, had secured daycare for her pre-school aged child.

Today, CSEA announced the union's success in stopping WCHCC from changing Marquez's work hours after the court issued hospital officials an Order to Show Cause. That order required WCHCC CEO Michael Israel and WCHCC Director of Labor Relations Alan Liebowitz to prove why the judge in the case should not hold them in contempt for failing to reinstate Marquez to her former position as the judge's ruling required.

"It's become clear that the members of management of the Westchester County Health Care Corporation do not think the rules apply to them, but the court has stated otherwise," said CSEA Westchester Medical Center Unit President Peter Piazza. "Instead of complying with the law when they were called on their violation of Westchester County Civil Service rules in this worker's firing, they thumbed their nose at the judge's ruling by retaliating against her. CSEA believed this was unacceptable and the court agreed."

On Sept. 28, 2010, a ruling in Westchester County Supreme Court found WCHCC unlawfully terminated Marquez from her job on Feb. 16, 2010. Marquez had worked for WCHCC since late 2007, yet the hospital claimed she could be terminated because she was still a "probationary employee." Marquez was notified that she would be fired by merely receiving a hand-delivered letter stating that her last day of work would be Feb. 16, with no explanation why she was being let go.

Under her CSEA union contract, Marquez was entitled to a due process hearing where WCHCC had to prove she was guilty of misconduct or incompetence and therefore, deserved to be fired. By calling Marquez a probationary employee, WCHCC sought to sidestep the hearing process.

The court found that Marquez's termination was in bad faith, arbitrary and capricious and in violation of Westchester County Civil Service rules. The ruling pointed out that WCHCC claimed Marquez was not qualified for her position under Civil Service rules, yet allowed her to work for over two years as an ultrasonography technician.

Throughout her two years of employment, Marquez was never advised that WCHCC deemed her unqualified under Civil Service rules or that her work performance was deficient. Prior to becoming an official hospital employee, Marquez worked at the hospital for years as an employee of a private company WCHCC contracted with to provide ultrasound services.

"We always hear about the world class medicine delivered at Westchester Medical Center, but it appears the upper level management at the hospital needs a lesson in class," said CSEA Southern Region President Billy Riccaldo. "Not only should they should be ashamed at the way they've treated a worker who was illegally fired, they should really be embarrassed that they've resorted to retaliating against a working mother after the hospital was on the losing end in court."

When Marquez returned to work, she was informed her new shift would be noon to 8 p.m. in the hospital, a position that unlike her previous job required her to push heavy equipment around. After notifying management that she needed reasonable accommodation due to her pregnancy, Marquez was moved to a 2 to 10 p.m. position in the Radiology Department. Following the issuance of the Order to Show Cause, management has agreed to have Marquez work a 9 a.m. to 5 p.m. shift until both parties appear in court early next year.

"It's unfortunate that instead of focusing on the best possible delivery of patient care, management is more occupied with getting rid of workers who deliver the care," said CSEA Westchester County Local President John Staino. "It appears that management's latest tactic is to make Christina Marquez's work conditions so inconvenient that she will be unable to continue in her job. We will fight for Christina and continue to fight on behalf of all CSEA members who receive anything less than fair treatment."

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