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PEP Dec 2008
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Public Employee Press

Local 372 wins summer pay for passed over School Aide

When School Aide Ana Muñiz, who works at Middle School 45 in the Bronx, applied to work in this year’s Summer School Instructional Program, she thought getting the job would be a slam-dunk.

She had applied online as soon as the Dept. of Education posted the position, and as a 12-year veteran member of Local 372 she had the seniority to be hired for the summer work.

But Muñiz soon learned that she had been passed over in favor of five employees with a lot less seniority. She quickly contacted the union and Council Rep Phyllis Wambser of the DC 37 Schools Division immediately filed a Step Two grievance on her behalf.
“I thought that something was wrong because I’ve worked in the summer program before,” said Muñiz. “When Mrs. Wambser suggested that we file a grievance, I said ‘Sure.’ ”

During a hearing on Oct. 17, the union presented documents showing that employees with less seniority had been hired instead of Muñiz. Afterward, the hearing officer consulted with management of the Human Resources/Personnel Dept. at DOE’s Bronx Integrated Service Center. A thorough reexamination of the case determined that an error had been committed in failing to hire her.

The hearing officer ruled on Oct. 22 that Muñiz was entitled to be paid for the 86 hours of School Aide service in the Summer School Instructional Program that she had improperly been denied, and the union member has received restitution of $1,223.

“I’m very happy that the union was there for me when I needed them,” said the School Aide.

“This is an important reminder to our members that they have rights that extend beyond the school year to include summer school programs as well,” said Marva Lewis-Bradford, DC 37 Schools Division director. “It was also important that the member and the rep moved so quickly.”

 

 

 
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