Opinion
21-CV-00112
01-13-2022
ANGELA C. WILLIAMS Plaintiff v. MADDEN MENTAL HEALTH CENTER Defendant
GARY FEINERMAN JUDGE
REVISED MOTION FOR JUDGEMENT
M. DAVID WEISMAN MAGISTRATE JUDGE
I, Angela C. Williams, Pro Se Litigant, ask the Court to grant a motion for judgement against the defendant Madden Mental Health Center, due to: (1) Madden failed to filed an appearance, (2) Madden has failed to respond, (3) Madden has failed to file a motion under Rule 12, (4) Madden has failed to seek an extension of time, (5) Madden has failed to appear at status hearings, (6) Madden has failed to cooperated with the courts.
Williams asked to be placed in a sedentary office position. Madden had office positions available at the time of Williams' request and changed the titles, changed the titles option, or eliminated the positions. Therefore, making it impossible for Williams to qualify for the position. Madden has an available position in the main' administration building as the Front Desk Receptionist. The position is short staffed and has been since Williams last worked in the position on light-duty.
Williams move this court for a judgment by default in this action, and show that the complaint in the above case was filed in this court on the 7th day of January 2021; the summons and complaint were duly served on the Defendant, Madden Mental Health Center; no answer or other defense has been filed by Madden Mental Health Center; default was entered in the civil docket in the office of this clerk on the 4th day of April 2021 ■ no proceedings have been taken by Madden Mental Health Center since the default was entered; Madden Mental Health Center was not in military service and is not an infant or incompetent as appears in the declaration of Angela C. Williams submitted herewith.
Wherefore, Williams moves that this court make and enter a judgment that gives her relief (1) damages, (2) accommodate restrictions: sedentary position, (3) lost wages: $2719 per month times 27= $66,195.84, until she is placed in a sedentary position or until Madden accommodates her restrictions, (4) lost benefits and benefit time accrued: Vacation=30 days, Sick=28 days, Personal=6 days (5) monetary lost including all wage increases: $2500 bargaining unit stipend for economic hardship, bonuses and percentages increase to base pay: January 1, 2020: 1.2% = $244.68, July 1, 2020: 2.1% = $695.16, July 1, 2021: 3.95% = $333.96 totaling $1273.80, all monies total $74,686.80 (6) emotional distress, (7) Williams wants to be made whole.
Dated: 01-12-2022 Angela C. Williams
68 W. 144th St., D,
Riverdale, IL 60827
(708)510-6178
Case Number: 1:CV-21-00112
Declaration
Williams would like reasonable accommodations to be fulfilled and be placed in an sedentary office position as if Williams has continuous service with accruing benefit time.
Williams feels if Madden Mental Health Center granted the accommodated restrictions requested, she would have been working in a sedentary position, and would have had all things aforementioned.
7. Williams ask to be granted relief 7. Williams move this court for a judgment by default in this action, and show that the complaint in the above case was filed in this court on the 7th day of January 2021; the summons and complaint were duly served on the Defendant, Madden Mental Health Center; only a Waiver of Service has been filed by Madden Mental Health Center, no other defense; default was entered in the civil docket in the office of this clerk on the 4th day of April 2021; no proceedings have been taken by Madden Mental Health Center since the default was entered; Madden Mental Health Center was not in military service and is not an infant or incompetent as appears in the declaration of Angela C. Williams submitted herewith.
I declare that the foregoing is true and correct.
1-12-2022 Angela C. Williams
68 W. 144th St. D
Riverdale, IL 60827
708-510-6178
Declaration
Effective July 1, 2022 3.95%
*January 1, 2020 through June 30, 2020, 1.5% increase X $2719 base pay = $40.78 wage increase, $2719 base pay + $40.78 increase = $2759 per month. Total $16,554 owed.
*July 1, 2020 through June 30, 2021, 2.1% increase X $2719 base pay = $50.09 wage increase, $2719 base pay + $50.09 = $2769.09 per month. Total $33,229.08 owed.
*July 1, 2020 through June 30, 2021, 3.95% increase X $2719 base pay = $107.40 wage increase. $2719 base pay + 107.40 = $2826.40. Total $33916.80 owed.
*July 1, 2021 through January 30, 2022, 3.95% X $2719 base pay = 107.40, $2719 base pay + $107.40 wage increase = $2826.40 per month. Salaries for employees on Sub-steps, salary increase:
*July 1, 2019 through June 30, 2020 increase $25 per month X 12 months = $300.
*July 1, 2020 through June 30, 2021 increase $25 per month X 12 months = $300.
*July 1, 2021 through January 30, 2022 increase $25 X 7 months = $175.
(F.) Emotional Distress, See paragraph 5.
(G.) Williams wants to be made whole. Williams would like all seniority time, benefits, benefit time, back pay, and monetary earnings be restored.
Declaration
*2019: 1 year = 3 days owed.
*2020: 1 year = 3 days owed.
*2021: 1 year = 3 days owed.
Total days owed = 10 Personal days owed.
(E.) Monetary Lost:
Economic Hardship Stipend of $2500, prorated by 25% for each fiscal year employee worked at least one day from July 1, 2015 through June 30, 2019.
*2015: worked January 1 through December 31.
*2016: worked January 1 through October 28.
*2017: worked January 1 through January 7.
*2018: worked January 1 through July 30. * 2019: worked March 15 through May 15.
Total $2500 owed.
Employees wage increase to base pay:
Effective January 1, 2020: 1.5%
Effective July 1, 2020: 2.1%
Declaration
*Vacation days 2021 owed: 7 years employed, 12 month year = 14 days 4 hrs 18 mins. Total 7 years employed, 41 days 7 hours 48 minutes vacation (owed).
Sick=28 days, Benefit Time Earnings and Usage: Earning rate 1 day per month.
*2018 days owed: 5 months = 5 days owed.
*2019 days owed: 12 months = 12 days owed.
*2020 days owed: 12 months = 12 days owed.
*2021 days owed: 12 months = 12 days owed.
Total 40 Sick days owed.
Personal Day Earning:
January 1 through February 3 = days.
February 2 through April 1 = 2.5 days.
April 2 through June 1 = 2 days.
June 2 through August 1 = L5 days.
August 2 through October 1 = 1 day
October 2 through December 1 =, 5 day.
December 2 through December 31 = 0.
Declaration
Williams has become angry because of her loss of enjoyment of life.
6. Wherefore, Williams moves that this court make and enter a judgment that gives her relief:
(A.) damages.
(B.) Accommodate Restrictions: Sedentary position, No lifting, pushing, pulling 201bs, no work above the shoulder level, office work only.
(C.) Lost Wages: 1hr = $18.12> 1 work day 7 1/2 hrs =$135.95, 5 day work week 37 1/2 hrs> = $679.75, 10 day bi-weekly work 75 hrs > $1359.50, two pay periods>l month work 150 hrs> = $2719.00. 5 months for 2018> = $13,595, 12 months for 2019> = $32,628, 12 months for 2020> = $32,628, 12 months for 2021> = $32,628, 3 yrs 5 months of loss wages = $111,479. Williams ask that Madden Mental Health Center gives her back pay, and accommodate her restrictions placing her in a Sedentary position, and pay her until she is placed in sedentary position with the State of Illinois.
(D.) Lost Benefits and Benefit time owed: Vacation Monthly Eammg rates:
0 through 5 yrs = 10 days (owed 6 hrs 15 mins. per month). 6 yrs through 9 yrs = 15 days (owed 9 hrs 23 mins. per month).
*Vacation days 2018 owed: 4 years employed, 6 hrs 15 mins. per month X 5 months = 4 days 1 hr.
*Vacation days 2019 owed: 5 years employed, 12 month year = 9 days 1 hour 14 mins.
*Vacation days 2020 owed: 6 years employed, 12 month year = 14 days 1 hour 16 mins.
Declaration the second time in December 2020. Williams has a Illinois Department of Central Management Services, Official Competitive Promotional Examination Well Qualified Grade (A), and Medical Billing Certificates. Williams interviewed in 2021, but Williams did not receive the position. When Williams inquired about her application for the first position she applied for as an Health Information Associate, she was told by Human Resources, Madden Mental Health Center changed the title of the position after she applied.
5. This situation has caused Williams emotional distress, and have brought on humiliation to Williams. Williams has loss quality of life. Williams have lost the ability to provide for herself Williams has lost her job, and her only source of income. Williams has lost her finances, therefore, she cannot provide essentials for herself, neither can Williams provide meals for herself Williams and her family has been displaced. Williams has lost her family's place of residence, resulting in Williams living day-to-day, where family or friends makes room for her to sleep. Williams has lost her sources of transportation. This issue has caused Williams to lose excessive sleep. Williams has become very fiustrated because of her inconsistant living arrangement and loss of quality of life. Williams has become very angry because of her loss of everything mentioned beforehand.
Case Number: L-21=CV-00112
Declaration
Williams informed Madden Mental Health Center about her permanent restrictions of No lifting, pushing, pulling 201bs, no work above shoulder level, office work only. Physicians Statement, given to the Worker's Compensation Representative at the facility.
3. Williams asked to be placed m a sedentary office position, office work: answering phones, making copies, faxing, filing. Madden had office positions available at the time of Williams' request and changed the title, changed the title option, or eliminated the position. Therefore, making it impossible for Williams to qualify for the position. Madden has multiple sedentary positions available. Madden has an available position in the main administration building as the Front Desk Receptionist or Switchboard Operator. The position is short staffed and has been since Williams last worked in the position on light-duty from December 2016 until January 2017, and is currently short staffed.
4. Williams was on light-duty at Madden Mental Health Center in the Medical Records Department from January 2018 until July 2018 totalling 210 days, which is the time allowed for light-duty assignments, according to the Agreement between Council 31 AFSCME and the State of Illinois. While on light-duty in June 2018, Williams was told by the director of the Medical Records Department, he inquired about Williams staying in the department permanently because of a need of help, but the inquiry was rejected by the Hospital Administrator at that time. Williams applied for two open positions at Madden Mental Health Center in the Medical Records Department, as a Health Information Associate, the first time in 2019,
Declaration
Angela C. Williams, a Plaintiff Pro Se Litigant, certify that she has personal knowledge of the following facts and that she is competent on the following:
1. Madden Mental Health Center failed to file an appearance on their behalf according to court notes dated 5-4-2021. Madden Mental Health Center has failed to respond to court correspondence according to court notes dated 4-13-202L Madden Mental Health Center has failed to file a motion under Rule 12 according to court notes dated 6-7-2021. Madden Mental Health Center has failed to seek an extension of time to file initial documents according to court notes dated 4-20-2021. Madden Mental Health Center has failed to appear at status hearings according to Williams' personal knowledge from court attendance and court notes dated 4-20-202 L Madden Mental Health Center has failed to cooperated with the courts according to court notes dated 4-8-2021.
2. Williams started working at Madden Mental Health Center October 2014. Williams was injured with a torn right Rotator Cuff and a right ripped Tendon on the job on October 28, 2016. Madden Mental Health Center was informed of the injury the same day. Williams was given an incident report to complete by the supervisor on duty. As a result of Williams' injury, Williams loss 80% usage of her right arm (prodominent arm), and is restricted to sendentary office work, No lifting, pushing, pulling>20 lbs., no work above shoulder level. Office work only, not able to continually type due to Right Shouldler injury/surgery.
KEY PROVISIONS OF TENTATIVE AGREEMENT BETWEEN STATE OF ILLINOIS AND AFSCME COUNCIL 31
Dear AFSCME Member:
This tentative agreement represents a remarkable achievement against extraordinary odds. Former governor Bruce Rauner waged an unrelenting war on state employees throughout his entire tenure in office and attempted to use negotiations for a new master contract as one of his primary weapons in that conflict.
With unwavering determination, AFSCME members stood firm throughout those years-refusing to bend to Rauner's destructive demands-and even voted to authorize a strike when Rauner moved to unilaterally impose his demands.
Time and again we came together to stress our commitment to public service and to insist on the value of the work we do. And time and again we fought back against Rauner's illegal step freeze, his threats to our economic security and job rights, his efforts to undermine the pensions we earned, and his fierce crusade to weaken, even destroy, our union.
Now Bruce Rauner is gone-and we are still standing strong. With this tentative agreement we will have regained economic ground, protected hard-won gains and strengthened workplace rights. Avoiding the steep hikes in health care premiums that Rauner pushed for, we will keep health cost increases at an affordable level. And, perhaps most importantly, we will once again have a union contract that provides the solid foundation on which we stand.
I urge you to vote to ratify this agreement as your Bargaining Committee has unanimously recommended.
In unity,
Roberta Lynch Executive Director
• The contract shall become effective upon ratification and continue through June 30, 2023.
• There are none of the changes to current contract rights and protections that Bruce Rauner was demanding. No weakening of limits on privatization. No reduction in overtime pay. No reductions in holiday pay. No diminishment of current layoff protections. No weakening of seniority as a factor in promotions.
WAGES
This agreement ends the wage stagnation of the Rauner years and will enable employees to keep up with the cost of living and continue to progress through the salary schedule.
• The step plan will remain in place and all employees will continue to receive step and longevity increases as scheduled.
• Employees currently included in the AFSCME bargaining unit will receive a stipend of $2,500 upon ratification of this agreement in recognition of the economic hardships faced in the Rauner years The stipend will be prorated by 25% for each fiscal year in which the employee worked at least one day from July 1, 2015 through June 30, 2019.
• Employees will receive wage increases to base pay as follows:
o Effective January 1, 2020:1.5%
o Effective July 1, 2020: 2.1%
o Effective July 1, 2021:3.95%
o Effective July 1, 2022: 3.95%
• Salaries for employees on sub-steps shall be further increased as follows:
o 7/1/19: Sub-Steps la, lb, and 1c shall be increased by $25 per month
o 7/1/20: Sub-Steps la, lb, and 1c shall be increased by an additional $25 per month
o 7/1/21: Sub-Steps la, lb, and 1c shall be increased by another $25 per month
LEAVES POLICIES
• Making Illinois a leader in family-friendly policies, Maternity/Paternity Leave for birth and adoption will increase to 10 weeks with pay. If both parents are employees of the state, they will now each be entitled to the full leave, which can be taken either consecutively or concurrently, instead of having to split one paid leave. In cases of a full-term stillborn child the leave will be increased from 4 to 5 weeks.
• A new benefit will allow two days of bereavement leave for the death of a member of the employee's immediate family. This leave may only be taken once each year and shall be in addition to current practice which allows sick leave to be used in the event of a death in the family.
• Unless operational needs require otherwise, any employee who will no longer be permitted to work a flex-time or 4 day schedule shall be afforded 15 work days' notice prior to the schedule change.
PROTECTING AND EXPANDING JOB OPPORTUNITIES
• A new MOU provides strong protections for current employees as the State begins the process of revamping its procedures for filling of vacancies in response to a court order on Shakman compliance. The new system will include shifting from letter to number grades
• Full funding will be restored to the Upward Mobility Program, which will enable the program to return to full operation.
• Several new titles are added to the Upward Mobility Program and additional titles are included for pay studies, "bridges", semi-automatic promotions, and upgrades.
• The parties will utilize the Upward Mobility Program to assist in the advancement of women and minorities.
PROTECTING AND PROMOTING EMPLOYEE HEALTH AND SAFETY
• Restrictions on mandatory overtime are greatly strengthened, including expanding the rights of employees to refuse mandation, delineating the procedures that must be followed before employees can be mandated, and increasing consequences for the employer when overtime is wrongly mandated.
• A new side letter provides for the establishment of a joint labor-management Task Force on Workplace Violence to develop recommended programs designed to reduce the risk of violence in the workplace, including but not limited to assaults on staff by inmates, patients, or clients, as well as recommended protocols for employees to follow when faced with situations that could result in immediate harm.
• A labor-management health and safety committee will be established to identify state agencies, programs or specific worksites that have a high number of serious job-related injuries and develop recommendations for changes to work environments or enhanced employee education and training.
• Annual hearing tests are expanded to include additional employees at risk for hearing loss.
OTHER ISSUES
• Employee privacy rights are strengthened. The Employer is prohibited from providing any information pertaining to bargaining unit employees to any third-party entity unless required to do so by law, the operations of State government, and/or business relationship.
• Outstanding debts to the State at the time of retirement will no longer be cause for permanent termination of retiree health benefits, so long as the individual is making a good faith effort to repav the debt.
• A Parking Accessibility and Resolution Committee of union and management representatives shall be established to resolve parking disputes within the State's control that cannot be resolved at the local or agency level.
• CU-500 employees will now be covered by the same master agreement as other bargaining unit employees. CU-500 seniority is unchanged and will remain date of entry to the classification.
HEALTH BENEFITS
• As a result of the lengthy standoff with Bruce Rauner, there will not have been increases In employee health care premiums or out-of-pocket costs for nearly six years. With this new agreement, Rauner's demands for health care premium increases of nearly 120% were finally cleared off the bargaining table and quality health care will remain affordable for all state employees.
• There will be no increase in employee premiums until January 1, 2020, when the first wage increase takes effect.
• There will be no cost increases related to plan design changes in the first year of the contract (FY20). In subsequent years, out-of-pocket costs will increase by amounts consistent with health care cost trends.
• Employee premiums will increase by a composite of S13/month for employees and $18/month for dependent coverage each year beginning January 1, 2020.
• Each composite amount will be distributed across the salary bands, consistent with the progressive structure of the bands, as well as across health plans based on the relative costs of the plans.
• Dental premiums will increase by $l/month in the last three years of the contract.
• As per current practice, retirees with at least 20 years of service shall pay no premiums for health care coverage. For non-Medicare eligible retirees, cost for dependents shall continue to be the same as dependent costs for active employees.
• The tentative agreement includes a provision for the Union and Management to work together to implement various health care initiatives including telemedicine and preferred prescription maintenance choice that will allow health plan participants to access doctors, specialists and prescription drugs at lower copay amounts. In addition, this committee will work to introduce a high deductible health plan option to the group insurance coverage and will also explore other innovations in health care coverage that can contain costs for employees, retirees and the employer, while maintaining or improving the quality of services provided.
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