Public Employee Press

Local 372 Parent Coordinator reinstated with full back pay

"They made this serious accusation without presenting any evidence at all."
—Annette Davis, Parent Coordinator

The union recently saved the job of Parent Coordinator Annette Davis, who was dismissed by the principal of P.S. 118 in Queens with no regard for contractual discharge procedures. The Local 372 member was suspended without pay on June 10, 2010, in violation of the discharge provisions of the Collective Bargaining Agreement.

The principal accused Davis of inappropriate sexual contact with a child and suspended her without pay after meeting with her for 10 minutes.

"I called my union rep right away," said Davis, who began working at the Dept. of Education in 1996 as a School Aide.

Schools Division Council Rep Phyllis Wambser filed a grievance for Davis, charging that the DOE had violated the contract provision that says workers are entitled to a complete discharge review procedure.

On Oct. 8, the union and the DOE mutually agreed to proceed directly to arbitration. The arbitrator held a hearing Dec. 6 and ruled in favor of the union and Davis Dec. 10.

DC 37 attorney Meaghean Murphy represented Davis at the hearing and maintained that the DOE did not have a legitimate reason to discharge Davis.

Murphy showed that the member was never charged with a crime and that management had not presented any credible evidence supporting the allegations. The union asked for Davis to be reinstated with full back pay.

The DOE argued that Davis's termination should be upheld, claiming that they had acted for "good and sufficient reason" in dismissing her.

The arbitrator ruled that since the DOE failed to present any evidence of wrongdoing and she had never been charged with any crime, Davis should be reinstated to her position immediately with full back pay and benefits from July 10, 2010, to the time of her reinstatement. She will also retain her seniority.

"I went through so much during that period," said Davis, who is a single mother. "But I had the support of my union and Ms. Wambser throughout the whole time. That's why I got my job back."