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Public
Employee Press Arbitration
Victory: $50,000 Parent Coordinator wins back
pay Parent Coordinator
Karen Crutch worked diligently and without incident at her job at PS 15 in Queens
from the time she was hired in 2004 through June 30, 2006. The Local 372 member
was responsible for working closely with parents on academic issues and was supervised
by the schools principal until she retired in 2006.
Things changed
drastically later that year when a new principal arrived who did not like the
way Crutch did her job. I was shocked, to say the least, she said.
In July 2007, with no disciplinary process, the principal asked her to resign
as of Aug. 31.
Crutch quickly contacted Schools Division Council Rep Ingrid
Fraser, who filed a grievance in September challenging her dismissal by the Dept.
of Education. Management missed the message, she said. You need
a good reason to terminate someone.
No agreement could be reached,
and the case went to arbitration on Oct. 6, 2009. The union argued that DOE lacked
good and sufficient reason to discharge Crutch and had violated the departments
mandatory Guidelines on Discipline of Parent Coordinators.
DOE
maintained that it did have adequate grounds for the dismissal and claimed that
the guidelines were just guidelines and not mandatory.
The arbitrator found
that DOE failed to present any evidence that the members job performance
was deficient and determined that the agency had not used proper progressive discipline.
The Guidelines clearly and unambiguously mandate the application of progressive
discipline in all instances involving the correction of job performance,
said the arbitrator, who ruled that Crutch should be reinstated with two years
of back pay, which amounts to about $65,000.
I can hardly wait to
get back to work, said Crutch. I have to thank Ms. Fraser and my attorney
for helping get my job back.
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