Public Employee Press

Union Fightback
Local 372, DC 37 expand legal battle against school layoffs

As DC 37 and Local 372 continued fighting to bring back the 530 School Aides laid off Nov. 13, union lawyers filed improper practice charges and a reverse out-of-title grievance against the New York City Dept. of Education.

DC 37 Assistant General Counsel Meaghan Murphy filed an improper practice petition Jan. 21 charging that during the 2009-2010 school year the DOE assigned duties traditionally performed by School Aides, or that could be performed by School Aides, to other employees outside the Local 372 bargaining unit.

The union made the argument that when the DOE unilaterally transferred bargaining unit work to non-bargaining unit employees, it violated the Taylor Law, which governs labor relations for many public employers in New York.In addition, the petition says, none of the laid-off School Aides was given a chance to apply for the positions, and the DOE did not bargain in good faith with the union before it began delegating School Aide duties to non-unit employees.

The union legal team also filed a reverse out-of-title grievance charging that the DOE violated the city’s collective bargaining agreement with Local 372.

“We will continue to vigorously pursue the pending lawsuit to reinstate the School Aides and use every means at our disposal to challenge the city’s attempt to chip away at the fairness and equity in our education and civil service systems,” said DC 37 Executive Director Lillian Roberts.

Earlier in 2009, the DOE planned to lay off about 2,000 workers, but the union launched a fightback campaign that included lobbying, and a wave of radio ads as well as the lawsuit. The overall union effort cut the number of firings substantially, and the legal challenge kept School Aides on the payroll for four extra weeks after the DOE’s original Oct. 16 layoff date.

“In sitting down with the legal and research departments, we are exploring all avenues to protect our members in this lawsuit," said DC 37 President Veronica Montgomery-Costa, who is also president of Board of Education Employees Local 372.