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PEP Sept. 2007
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Public Employee Press

Terminated School Aide reinstated with $30K in back pay

Working as a School Aide at Theodore Roosevelt High School in the Bronx since 1999, Local 372 member Alexander Parker received letters of commendation from the Dept. of Education for his exemplary work.

So it was a surprise for him to learn on Nov. 19, 2003, that he would be terminated.

Basing the action solely on flimsy accusations from three female students, the school’s principal fired Parker for the alleged inappropriate behavior.

“I would never do anything to jeopardize my job,” said Parker. “I love my job.”

The union maintained that the DOE did not have good and sufficient reason to discharge Parker. DC 37 Schools Division Council Rep Dominic Renzi filed a grievance on his behalf and pushed it through several steps of the grievance procedure without resolution. Attorney Leonard Schrier then presented the case before an arbitration panel on Nov. 6, 2006.

At the hearing, the DOE did not present any testimony from the students who reported the allegedly inappropriate behavior, and it came to light that the three students were friends and admitted they made up the story because they were angry with Parker for doing his job. Noting that the DOE did not produce any direct evidence for its case, Arbitrator Steven M. Bluth ruled that management lacked good and sufficient reason to terminate Parker.

The arbiter ordered the DOE to reinstate him with full back pay. He returned to work in March and received $30,000 in back pay. During his ordeal, Parker learned a big lesson about dealing with management. A DOE investigator told him not to worry about the case, that it wasn’t a big deal. “He said I didn’t need a union rep with me,” said Parker.

Parker then lost his job, his apartment, and his car and had to take his two boys out of private school. “That was the hardest part of my life,” he admitted. “I thought about quitting but I knew I was innocent.”

Renzi credits Parker for fighting on despite the adversity. “He’s a great example that members should never give up and always keep in touch with the union,” said Renzi.

 

 

 

 

 
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