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Harvey Brody Victim of Extortion

This letter from the Public Employees Federation Division 191 Council Leader to the Medicaid Inspector General expresses outrage over the failure to honor an arbitration ruling ordering the reinstatement of Harvey Brody. It accuses the Inspector General of contemptuously violating the collective bargaining agreement and denigrating the arbitration process. The letter states that offering Brody a settlement that includes resignation after losing the case is preposterous. It asserts the motivation is to prevent Brody from vigorously detecting Medicaid fraud and abuse due to knowledge of "skeletons." The letter concludes that OMIG will not succeed in extorting Brody's resignation or release through withholding pay for over a year.

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3K views2 pages

Harvey Brody Victim of Extortion

This letter from the Public Employees Federation Division 191 Council Leader to the Medicaid Inspector General expresses outrage over the failure to honor an arbitration ruling ordering the reinstatement of Harvey Brody. It accuses the Inspector General of contemptuously violating the collective bargaining agreement and denigrating the arbitration process. The letter states that offering Brody a settlement that includes resignation after losing the case is preposterous. It asserts the motivation is to prevent Brody from vigorously detecting Medicaid fraud and abuse due to knowledge of "skeletons." The letter concludes that OMIG will not succeed in extorting Brody's resignation or release through withholding pay for over a year.

Uploaded by

rkarlin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Public Employees Federation AFL-CIO

Division 191
PO Box 2322 Church Street Station
New York, NY 10008
Usher Z. Piller

Glendon Griffith

Council Leader

Assistant Leader

Leah Cooper
Steward

Catherine Pormann
Treasurer

Brian Kiss

Cantave Paul

Steward

Steward

Victor Batorsky
Retirement Consultant

(347) 631-1924

Wendy Kidd-Vicars
Steward

Harvey Brody
Director of Research

Andrew Del Re

Serena Fallon

Robin Matthews

Secretary

Chief Steward

Executive Board

Alexander Shaporov
Steward
Thomas Hotz
Director of Public Affairs

Gem Warner
Steward

Jimmy Warney
Steward

Theresa J. Williams, Esq.


Legal Consultant

October 31, 2016


Dennis Rosen
Medicaid Inspector General
NYS Office of Medicaid Inspector General
800 North Pearl Street
Albany, NY 12204
Dear Mr. Rosen:
RE: Harvey Brody Arbitration Award
We are astounded at your continued failure to honor Arbitrator Ira Lobels August 11, 2016
decision that ordered OMIG to reinstate Harvey Brody to his Medicaid Investigator position
and provide him full back pay retroactive to August 25, 2015.
This is most reprehensible on your part, and represents a contemptuous violation of the
Collective Bargaining Agreement and an audacious denigration of the American Arbitration
Association, the impartial organization whose rulings you agreed and committed to abide
by.
After OMIG already lost the case ignominiously, to offer Mr. Brody a settlement (that
includes his resignation!) is nothing short of preposterous.
Perhaps youre an attorney, but you certainly need to be enlightened on an elementary
principle of general commerce: settlements are made before an arbitration decision is
rendered, not after.
Even more bewildering is your pathetic attempt to secure a Release from Brody, promising
that he will not sue OMIG under the Civil Rights Act of 1964, the Equal Pay Act, the Family
and Medical Leave Act, the Employee Retirement Income Security Act, the Age

Discrimination in Employment Act, the Americans with Disabilities Act, the New York
Human Rights Law, and any and all other state, local and/or federal anti-discrimination
laws, including those arising out of or in connection with the delay by the Employer in
implementing the arbitration award and those arising out of or in connection with his
employment with the State of New York.
Your motivation for such insolent behavior is quite transparent: After nearly three years of
paying Mr. Brody to stay at home, followed by more than a year of his suspension that was
soundly reversed by an arbitrator, OMIG management lives in morbid fear that Brodys
return to the worksite would invigorate and energize the detection of Medicaid fraud and
abuse, much to the dismay of the established power brokers. Indeed, Brody sure knows
where the skeletons are buried.
In order to prevent the actualization of that worrisome scenario, and knowing that Brody
hasnt received a paycheck for well over a year, you seek to starve him into submission, into
surrender.
This is pure extortion. How deplorable!
If Governor Cuomo knew what you were up to he would be incensed.
In your mind, youre certain Brodys need for bread and potatoes and the imperative to pay
his mortgage outweighs his yearning for justice and altruistic service as an extraordinary
public servant.
How cynical you are! How silly!
You simply dont know Harvey Brody!
OMIG will not succeed in its extortion attempt from Harvey Brody. There shall be neither
pressured resignation, nor an execution of any release of liability.
Sincerely,

Usher Z. Piller
Council Leader
PEF Division 191

Page 2

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