Public Employee Press

School Aide paid after principal violates seniority rules

School Aide Helena Kearse always looked forward to extra work at Pulse High School in the Bronx, an alternative school for students mainly from 17 to 21 years old. But despite her nine years of experience, including work in the summer and breakfast programs, the principal overlooked her for several extra assignments in favor of two employees with less seniority,

The Local 372 member decided to talk directly with the principal to resolve the issue, but soon realized it would be better to contact her union rep instead. After several meetings with the principal, Schools Division Grievance Rep Cynthia Perkins filed Kearse's grievance, charging that Dept. of Education violations of the collective bargaining agreement on seniority and posting positions had prevented Kearse from obtaining extra work.

The DOE and the union were unable to reach agreement and after a Step 3 hearing DC 37 Assistant General Counsel Thomas Cooke requested that arbitration panel resolve the case.

On May 8, the arbitrator heard the case and found that, "The facts clearly demonstrate Kearse had greater seniority." In a decision emphasizing that "The seniority clause is quite clear on this matter," the arbiter ruled that DOE had to pay Kearse for all the extra per-session hours she had been deprived of as if she had worked that time.

"I'm glad that we won this case, not just because of the extra money but because the principal kept criticizing and talking bad about the union," Kearse said. "So this is really gratifying."

The school's name stands for Providing Urban Learners Success in Education.