After the State of New York terminated my employment via an ex parte arbitration hearing that clearly violated the union contract, I filed an Improper Practice Charge (Case Number U-10571) before the New York State Public Employment Relations Board. The charge was arbitrarily dismissed, but I filed an appeal which included Brief II, my Brief In Support of Exceptions, dated June 5, 1989. This ended with a list of recommended remedies:
38. The Charging Party demands full reinstatement to his position as a Grade 16 Speech and Hearing Therapist, with full salary, benefits, leave accruals, seniority, and pension rights, retroactive to the pay period following that represented by the last full paycheck received.
39. In accordance with his memorandum to Ms. Aileen Whiteside dated November 20, 1987 (not on the record), the Charging Party demands that he be regarded as having been on duty for any time or circumstance in which his personal privacy was invaded by the State or by any associated persons or agencies, retroactive to the time such invasion of personal privacy began. This shall not preclude the seeking by him or other persons of further remedies, particularly regarding the program of neurological violation and psychological torture via "stream of consciousness machine" and other criminal acts, restraints and deprivations.
40. The Charging Party also requests that the Board enjoin both Respondents from further restraint of his rights of grievance and appeal. For this purpose, the Charging Party maintains that the Board may properly instruct the State and PEF to reactivate, and fairly adjudicate, all the Contract and Non-contract Grievances filed by the Charging Party pursuant to Article 34 of the State/PEF Agreement from 1984 through 1987.
41. The Board should likewise enjoin the State from further acts of discrimination against the Charging Party with respect to his rights under the Act and other statutes, requiring that the State and its agents immediately cease and permanently desist from all acts of intimidation, coercion, restraint, retaliation, and harassment.
42. The Charging Party demands unconditional withdrawal, and expungement from the record, of all Notices of Discipline served upon him, together with all supporting documentation and all agency-level and arbitrators' decisions pertaining thereto.
43. No relief or remedy provided by the Board shall preclude this Charging Party or other persons from seeking further satisfaction through civil or criminal court action.
Inasmuch as the PERB arbitrarily denied my appeal, I now make the following addition to that list of remedies:
44. The State of New York shall provide further compensation to the Charging Party in the amount of all salaries and pensions collected or accrued by any and all employees of the State of New York for any acts, up to and including the present, that violate the human, civil, Constitutional, or contractual rights of said Charging Party. The State, moreover, shall waive any and all taxes and other assessments pertaining to this compensation.
45. Inasmuch as the Charging Party is now disabled and retired, he shall be regarded as such and his pension shall be increased in accordance with the foregoing provisions.
Think about it, New York State. Considering the gravity of the matter at hand, this solution is still a bargain.
James Henry Graf