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BLACK WORKERS ALLEGE McGUIRE VA IS BIASED --
Union has filed complaint saying discrimination
keeps blacks from awards.
McGuire VA Facility -- Richmond, Virginia
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Black workers allege McGuire is biased
Union has filed complaint saying discrimination
keeps blacks from awards
BY TAMMIE SMITH
TIMES-DISPATCH STAFF WRITER
Black employees at McGuire Veterans Affairs Medical Center have filed a
class-action complaint alleging discrimination, a union official said.
The complaint was filed with the U.S. Equal Employment Opportunity
Commission in November 2003 by the union that represents rank-and-file
employees at McGuire.
It was dismissed by an administration judge, said Jennifer D. Marshall,
president of Local 2145 of the American Federation of Government
Employees, the union. She appealed to the Office of Federal Operations,
she said.
The case is before the EEOC, the federal agency that investigates
complaints of discrimination in the public and private sector. The
complaint covers more than 800 current and former African-American
employees of McGuire dating back to 1996. The complaint alleges that
procedures used for deciding staff awards that are considered in
promotions, or that provide time off or cash awards, are subjective and
discriminatory. The awards are approved by the medical center's
director.
The complaint includes instances in which black employees maintain they
were denied training, awards and pay increases. Marshall said a trend
analysis shows that over time, blacks have not gotten their share of
awards.
With more than 2,000 employees, including 1,700 in the bargaining unit,
McGuire is one of the area's largest federal employers, third behind the
Department of Defense and the United States Postal Service. About 51
percent of McGuire's employees are black, Marshall said.
Veterans Affairs Secretary Jim Nicholson, asked about the case after a
visit to McGuire this month, said he was aware of the discrimination
complaint.
"I am always concerned about morale of our work force," Nicholson said.
"We want them to be as satisfied and have as much job satisfaction as we
can."
Michael B. Phaup, McGuire director, said initiatives such as the
facility's Ladder Program provide "front-line employees an opportunity
to train for future growth within our organization."
The union and others have requested intervention from legislators.
In a statement provided by his office, Rep. Eric I. Cantor, R-7th, said:
"Discrimination is unacceptable, and the VA needs to get to the bottom
of it. I am concerned by the reports brought to my attention that
employees were discriminated against based on race. I have been working
directly with VA employees for the past two years to help them get a
fair hearing about their claims that they have been the victims of
racial discrimination and retaliation."
The statement continues: "We are doing everything in our power to help
resolve this situation. As this is an ongoing investigation, there are
limits on what we can say. Patient care, careers and the reputation of
the VA are at stake -- I am insisting that this is treated seriously."
A spokesman for Rep. Robert C. Scott, D-3rd, said the congressman will
tour the McGuire and Hampton veterans hospitals in April.
Scott "anticipates meeting with staff and veterans to hear their
concerns regarding patient care, facilities and employment practices at
each hospital."
Marshall, who is white and not covered by the class-action complaint,
feels management is targeting her for her union activities. The union
leader has been suspended several times in the past two years.
Arbitrators rescinded the suspensions.
In the most recent reversal, an arbitrator wrote that taken together,
the pattern "amounts to overwhelming evidence of management taking
reprisal action against Ms. Marshall" for her work on behalf of the
union.
"Management," the arbitrator wrote in December 2006, "is hereby directed
to stop all reprisal action against Ms. Marshall."
Marshall, a medical technologist and 25-year McGuire employee, was fired
in July 2006. She has appealed to get her job back.
Contact staff writer Tammie Smith at
TLsmith@timesdispatch.com
or (804) 649-6572.
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Larry Scott --
