Consumer Rights Under the New Labor Contract
Now that PCAs have a union, a number of questions have arisen among consumers: Can I still fire a PCA that I am dissatisfied with? Can a PCA file a grievance against me? To clarify matters, below is language directly from the contract signed by the Council.
Article 2: Consumer Rights
Section 1: General Rights
As providedby M.G.L. c.118G, section 31 (a), Consumers and/or their Surrogates shall retain theright to:
- Hire PCAs of their choice;
- Supervise, manage and train PCAs in their employ;
- Determine the work schedules of PCAs in their employ:
- Terminate PCAs from their service at will; and
- Determine under any circumstances who mayand may notenter their home or place of residence.
Such authority and control on the part of the Consumers is not, and shall not be, diminished in any way whatsoever by this Agreement .
Article 14: Dispute Resolution
- No matter arising from, or dispute pertaining to, the exercise by a Consumer and/or his or her Surrogate of any rights … including, but not limited to, the right to select, hire, schedule, train, direct, supervise and/or terminate any PCA providing services to him or her, shall in any way be subject to the provisions of … this Article.
From time to time, consumers may receive union materials in the mail they receive from the Fiscal Intermediaries. Consumers should give these materials to their PCA. Remember, consumers have a stake in a strong union as the union promotes better wages and benefits for PCAs, thus increasing the number of people wanting to do PCA work and making it easier for consumers to recruit PCAs.