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Letter to PCA Users and Advocates A PCA Union Questions and Answers Summary of my Hospital Stay - Paul Kahn, Newton, MA Summary of Settlement Terms Class Action Lawsuit Against the MBTA MBTA Accessibility Lawsuit Update (PDF)
Letter to PCA Users and Advocates
Letter to PCA Users and Advocates November 30, 2007 Dear PCA user and advocate: As you may have heard, PCAs in Massachusetts voted to form a union, with 94% of those casting ballots voting to affiliate with 1199SEIU. The American Arbitration Association, a neutral body that the PCA Quality Homecare Workforce Council and the Union hired to oversee the election, announced the results on November 8. This is a great step towards getting better and fair wages and benefits for PCAs, who, as we all know, are not compensated fairly – something underscored when the state delayed providing a raise this year, even though it's now almost three years since a PCA pay increase was provided. Poor compensation often means high turnover in the PCA workforce, a real big problem that numerous consumers have raised for years – actually for the past twenty years or longer! Now many of you are probably wondering what is going to happen next. The Union is working with the state to arrange collective bargaining, a process that will be conducted with the PCA Quality Homecare Workforce Council, a majority of whose members are PCA users, including three BCIL activists. We're hoping this process can begin as quickly as possible and that an agreement will be reached swiftly so that PCAs will finally have a better wage. But there are no guarantees – we're going to have to continue in our advocacy roles to promote the Personal Care Attendant program and its vital role in helping individuals with disabilities to remain and maintain their independence in the community. The question of consumer control often comes up when there's discussion of the union. We wish to emphasize that when the PCA Quality Homecare Workforce law was unanimously passed by the legislature in July 2006, it put consumer control into law, cementing a consumer's right to hire, dismiss, and supervise their attendants and direct their own care. The Union fully respects the sanctity of this relationship. There will be no interference in the work place; there will be no strikes; there will only be collaboration with disability advocates and consumers to make the PCA program better for consumers and attendants. Enclosed is a fact sheet that may further inform you about the Union. Please contact us with questions. We look forward to working together and building our combined strength to support quality homecare that includes adequate hours and supports for consumers, as well as good and fair wages and benefits for PCAs who enable us to live as independently as possible in the communities in which we live. Sincerely, Sergio Goncalves Bill Henning Mike Fadel Becca Gutman BCIL chairperson BCIL director 1199SEIU 1199SEIU Executive Vice President Community Coalition Coordinator
A PCA Union Questions and Answers
A PCA Union Questions and Answers
What were the election results? PCAs voted YES in support of joining 1199SEIU by a margin of 94%.
Why have PCAs voted to form a union? PCAs voted for better wages and benefits. While consumers and advocates have been working for PCA pay raises for years, wages are still too low and there are no benefits. It is no wonder so many consumers have a hard time finding and keeping PCAs. This year, the state did not grant any pay raises for PCAs even after consumers’ intensive advocacy. Coming together as a PCA union is the only way PCAs will get a pay raise.
Which PCAs will be eligible to be in the union? PCAs compensated via MassHealth and Commonwealth– now and in the future – will be in the union.
Who is 1199SEIU? 1199 SEIU is a local union that is part of the Service Employees International Union, the largest and fastest growing healthcare union in the United States. It has over 250,000 members working in healthcare and homecare and is a strong advocate for good jobs, community-based care and consumer control.
What happens next? PCAs are meeting all over the state to get ready to negotiate with the PCA Quality Homecare Workforce Council and the state's Executive Office of Health and Human Services over their wages, health insurance, and paid time off. The timeline for bargaining depends on how long it takes to come to an agreement. No pay raises or benefits will take effect until a contract has been negotiated and approved by a majority of PCAs.
When will PCAs start paying union dues? PCAs will start paying union dues after the first contract is negotiated and approved by a majority of PCAs. Dues equal 2% of a PCA’s gross pay and go to additional organizing of home and health care workers, political advocacy, and representation. Many PCAs have indicated they'll contribute to a political action fund after the contract is ratified, which will give the union more power to elect legislators who support important issues like PCA raises and expanded hours for consumers. PCA providers are not connected to this fund in any way.
Do consumers still have the right to hire and fire PCAs with the PCA union? Yes! Nothing will change for PCA consumers in terms of their employer relationship with PCAs. Consumers will still have the right to hire, fire and direct their own care. Will PCAs be able to file grievances to address unfair work rules or go on strike?No. The PCA union is about building political power with the state to negotiate for better wages and benefits and an improved PCA program. The union will not file grievances that challenge work rules set by consumers, and it is against the law in Massachusetts for PCAs to go on strike.
How else is the PCA union working with the disability community?The PCA union is working with the disability community to make the PCA program more responsive to consumers and to providers. The union also has supported increased funding for IL centers, accessible housing, and increased public accessibility. The union will be a strong supporter of Community First, the effort to increase community-based services for people with disabilities and elders and to decrease the bias toward institutional care. A high majority of 1199's members provide community-based services to people with disabilities!
Health Care Access Issues
Healthcare access: BCIL is continuing its campaign, in conjunction with Greater Boston Legal Services, to promote increased access to hospitals and other healthcare facilities in Greater Boston. Please contact Karen Schneiderman of BCIL at kschneiderman@bostoncil.org if you've run into an access barrier. Problems people report include: Ø Not being able to be weighed on a scale—and note, the amount of some medications you may receive is based on your weight! Ø Not being able to get on exam tables or use bathrooms or receive x-rays or have an MRI or routine screenings for breast and colon cancer. Ø Not being able to get personal care such as that provided by PCAs. Money for home modifications and access: Are you a homeowner with a disability, or a household member or tenant with a disability? If so, you may qualify for the Home Modification Loan Program. This program provides loans to make access modifications to the primary permanent residence of elders, adults with disabilities, and families with children with disabilities. Examples of modifications include ramps, widened doorways, and accessible bathrooms. Funds from $1,000 to $30,000 may be borrowed, and repayment can be delayed for eligible people until the property is sold or the title transferred. Contact Jennifer Shaw at the Metropolitan Boston Housing Partnership at 617-425-6637, www.mbhp.org for information and to apply. Boston access campaign stays hot: The campaign to improve access in the city remains in full gear. Approximately forty people rallied in the Back Bay on October 5 to demand an end to brick sidewalks and to highlight that the City of Boston has been fined over $340,000 for maintaining an inaccessible brick sidewalk along Huntington Avenue. City councilors Arroyo and Turner attended the event, as did local media. Contact John Kelly at the Neighborhood Access Group (617-536-5140) or Evelyne Milorin at BCIL at 617-338-6665 to join the campaign.
Summary of my Hospital Stay - Paul Kahn, Newton, MA
Summary of My Hospital Experience I have a neuromuscular disability and have been ventilator dependent for 20 years. I use two identical ventilators, one that sits on a tray on the back of my power wheelchair and one that is stationed on a bedside table. Last fall I had to be hospitalized at a major Boston hospital because of a severe stomach virus. After I was an admitted, hospital administrators told me I couldn't use my ventilators but instead had to switch to a different make of ventilator supplied by their respiratory care department. The reason they stated for this demand was that, since I was their patient, they were responsible for me. And they couldn't ensure my safety when I was using my own ventilators because they weren't familiar with them, and they didn't interface with the hospital's alarm system. I tried their ventilator but found that I couldn't breathe comfortably on it. And, since it was new to me, I felt insecure and dependent using it. In contrast, I am extremely competent and independent with my own ventilators. So, I refused to switch. But I offered to sign a statement absolving the hospital of responsibility for any problems resulting from my decision. The response of the administrators was to try strenuously to convince me to change my mind. They subjected me to extreme verbal pressure, which in my very sick condition amounted to abuse. I maintained my position, because I felt that my well-being was at stake. And they finally stopped pressuring me and allowed me to finish my inpatient stay, using my own ventilators. I maintain that the administrators' demand was unjust, paternalistic and outrageous. Ventilators and other highly personal medical equipment function as extensions of a person's body, and nobody should be expected to give them up. Furthermore, individuals with disabilities have the right to function as independently as possible, the right to expect institutional policies to be applied to them with reasonable flexibility, the right to assume the risks they want to, and the right to be treated with consideration and respect, I was granted none of these by the administrators. - Paul Kahn, Newton, MA
Summary of Settlement Terms Class Action Lawsuit Against the MBTA
Summary of settlement terms class-action lawsuit against the MBTA
Following is a summary of improvements slated for the MBTA as a result of the settlement of a class-action ADA lawsuit filed by Greater Boston Legal Services on behalf of eleven individual plaintiffs and the Boston Center for Independent Living. The settlement was announced on April 3, 2006 and will be legally binding in U.S. District Court. The MBTA placed a total monetary value of $310 million on the planned cost of improvements. Individual plaintiffs were Joanne Daniels-Feingold, Gene Smith, Maureen Cancemi, Andy Forman, Rob Park, Reggie Clark, Tom Gilbert, Dan Larkin, Rogera Robinson, Myrnairis Cepeda, and Joan Golden. Plaintiffs have indicated that a new, positive partnership with the MBTA, long the bane of many people with disabilities, is emerging.
1. Upgrade elevators and escalators. The MBTA has committed to spending $122 million over the next five years to add, replace and upgrade elevators and escalators and to ensure continuous, uninterrupted elevator service during all passenger service hours. This includes adding elevators at Park Street, Downtown Crossing, Harvard Square and Porter Square and replacing a number of outdated, small elevators. The MBTA has committed to the highest standard of elevator and escalator maintenance to ensure that elevators are working during all passenger service hours. 2. Improve bus services. Bus drivers are required to treat passengers who have disabilities with courtesy and respect, provide any necessary assistance, use lifts and ramps properly, pull to the curb at stops, secure passengers using wheelchairs properly and follow all MBTA rules concerning accessible services. 3. Improve bus maintenance. The MBTA must improve its maintenance procedure to ensure that ramps, lifts, kneelers, signs, public address systems and other accessibility devices are working properly whenever a bus is in service. 4. Buy new, low-floor buses. The MBTA must continue to buy new low-floor buses, which provide for the easiest boarding, to replace the current 394 buses with wheelchair lifts that are difficult to use and maintain. Almost all routes will be served with low-floor buses by 2007. 5. Close platform gaps. The MBTA has agreed to find and use “state-of-the-art” solutions to the problem of wide gaps between subway cars and platforms, which present serious safety hazards, especially to passengers using wheelchairs. The MBTA will repair and replace all defective yellow warning strips, which enable people with vision impairments to know they are at the edge of a platform. 6. Replace difficult mobile lifts. As a temporary measure, the MBTA is installing “mini-high” platform and ramps at 11 Green Line stations to replace the extremely difficult mobile lifts used to make the cars accessible to passengers using wheelchairs. To the best of its ability, the MBTA will assign one low-floor car to each street car train on the Green Line, so passengers can board using convenient ramps. 7. Install new PA systems. The MBTA is installing new PA systems and electronic message boards throughout the system to enable all passengers to get reliable, up-to-date information. A new system of directional signs and other “wayfinding” devices will be developed and installed. Emergency call boxes will be usable by people with disabilities and maintained in proper working order. 8. Improve training and customer assistance. Customer assistance and emergency procedures are being substantially improved. The complaint system is being reworked to make it simpler and more responsive. A new training program directly involving people with disabilities is being developed. The MBTA must provide proper supervision of personnel dealing directly with customers and, when necessary use available disciplinary measures to ensure accountability for performance of job responsibilities related to accessibility and ADA compliance. 9. Appoint a manager for accessibility. The MBTA is appointing an assistant general manager with responsibility for making bus and subway services accessible to everyone. 10. Monitor compliance. An independent monitor, appointed by and accountable to the Court, will assess compliance with the terms of the agreement. This will include undercover monitoring of bus service for people with disabilities.
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