Public Employee Press

Local 372 saves job, wins $20,000 for member

The union won more than $20,000 in back pay for Parent Coordinator Yvelisse Medina earlier this year as it forced the Dept. of Education to reverse her surprise firing from a Bronx middle school.

In June 2008, the principal of Middle School 224 in District 10 discharged Medina without warning, alleging that her job performance was unsatisfactory.

“I was never even called by anyone to tell me that I was terminated,” said Medina, who had worked at the school since 2005. “The principal’s decision was a total surprise to me.”

Medina promptly contacted DC 37 Schools Division Council Rep Phyllis Wambser, who filed a grievance against the dismissal for Medina.

After step 1 and step 2 hearings before management officials failed to resolve the issue, the union demanded impartial arbitration. A grievance arbitration panel with representatives of the Dept. of Education and District Council 37 was convened on May 14.

Member returns to work

At the hearing, the union legal team showed that the sudden firing violated the required progressive disciplinary process and argued that DOE had dismissed Medina unfairly.

Based on the strong case the union attorney presented against the firing, the union and management representatives reached a settlement. The DOE agreed to reinstate Medina to her Parent Coordinator position effective Sept. 1, and to give her back pay for the period from Aug. 1, 2008 to May 31, 2009. DC 37 and Local 372 agreed to withdraw the demand for arbitration.

On July 10, the Parent Coordinator received a retroactive paycheck of $20,366.71. She is now back at work at another school.

Council Rep Wambser urged members who believe they have been unfairly disciplined to contact their union reps immediately. “If the members don’t step forward, like Ms. Medina did, the union can’t help them,” she said.

“I’m lucky to have had the union behind me for support,” said Medina. “Especially Ms. Wambser. She did a great job.”