PEP, May 2009: Fired School Aide gets job back plus $52,000

An arbitrator ruled in January that the Dept. of Education never had a sufficient reason to discharge Local 372 member Eddie Lacend and awarded the Board of Education Supervising School Aide $52,000.

Lacend has worked for the Dept. of Education for 22 years with an unblemished record. But despite his long service, when Lacend was arrested on Dec. 19, 2006, the principal at Bronx Middle School 399 quickly suspended him instead of first getting the facts straight.

Lacend contacted DC 37 Council Rep Phyllis Wambser immediately and within days she filed a grievance on his behalf, but the principal discharged Lacend on April 27, 2007.

After the union and management failed to resolve the issue, an arbitration hearing was scheduled for Nov. 10, 2008. Management claimed that he did not promptly inform his supervisor or the Office of Personnel Investigations of the arrest.

The union attorney showed that the principal based her decision on an erroneous belief, pointing out that Lacend pled guilty only to disorderly conduct. In addition the union explained that it was impossible for him to notify the principal immediately because at the time the schools were closed for winter recess.

After reviewing the case, the arbitrator agreed that the principal’s reason for firing Lacend was invalid, that the DOE lacked good and sufficient grounds for the discharge, and that the OPI had been informed when Lacend submitted a Certificate of Disposition on Dec. 28, 2006.

The arbitrator directed the DOE to reinstate Lacend will full back pay retroactive to Jan. 3, 2007.

“I never gave up on my union and my grievance rep,” said Lacend, who has returned to his old school with a new principal. “I knew I would get my job back, we just had to stick together and keep fighting.”