Public Employee Press

Grievance Victory
Local 372 saves Aide’s job, wins back pay

In January 2005, School Aide Charles Taylor was unjustly dismissed from his job at Taft High School in the Bronx for allegedly inflicting corporal punishment on a student. After a lengthy fight, the union won his job back with retroactive pay for the time he was off the payroll.

After the arbitrary dismissal, Taylor quickly contacted Local 372. DC 37 Schools Division Council Rep Dominic Renzi filed a grievance on his behalf protesting the Dept. of Education’s action and demanding his reinstatement with full back pay.

When two hearings failed to resolve the issue, the union took the case to arbitration. At a hearing on Jan. 25, DOE representatives claimed that a written statement from the alleged victim and two witnesses provided good and sufficient reason for Taylor’s dismissal.

The union pointed out that although DOE had legally summoned one of the alleged witnesses to appear, neither testified, nor did the Dean of Students or the School Safety Officer. DOE’s only evidence, the union argued, consisted of unsubstantiated allegations.

The arbitrator agreed with the union that that there was no direct evidence to support DOE’s charges and ruled for Taylor. The arbiter also found DOE in violation of Article XX of the Collective Bargaining Agreement, which requires DOE to conduct a “due consideration” conference before discharging a union member. Taylor’s conference was arranged two months after he was dismissed.

“It is patently absurd to dismiss someone and then months later have a conference to determine if his employment should be terminated,” said the arbitrator at the hearing.

“It feels great to win this case and get my job back,” said Taylor. “The union did a great job of supporting me all the way.”