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Judge rules that city must reinstate staff at turnaround schools

Lawyers for the UFT spoke to reporters about the union's short-term court victory outside of New York State Supreme Court today.

Legal battles between the city and the United Federation of Teachers are typically long, drawn-out affairs. Not today.

In just 40 minutes this afternoon, Judge Joan Lobis of the New York State Supreme Court made up her mind about the city’s request to suspend an arbitrator’s ruling in the UFT’s favor while she considers the city’s formal appeal. There will be no restraining order, Lobis ruled.

That means that hiring and firing decisions that have been made at 24 struggling schools that the city was trying to overhaul will be reversed. The Department of Education will have to reinstate hundreds — and possibly thousands — of teachers and administrators cut loose from the schools as part of the “turnaround” process.

“They no longer have an excuse for not complying with the arbitrator’s award,” Ross said about the city.

Asked by reporters about the education department’s immediate plans for allowing the teachers to reclaim their positions, Deputy Chancellor Marc Sternberg said, “Talk to the law department.”

The city’s top lawyer, Michael Cardozo, said in a statement that he was confident that Lobis would side with the city as the case moves forward.

The hearing was a first step in the city’s appeal of a ruling handed down two weeks ago by an arbitrator who found that the city’s hiring and firing decisions — a key aspect of the Department of Education’s turnaround plans — violated the city’s contract with the teachers union.

The city is arguing that the arbitrator overstepped his bounds and wants the entire decision overturned. But today’s court appearance dealt only with the question of whether the city could avoid reversing the hiring decisions before Lobis considers the broader appeal later this month. Her ruling means that it cannot.

To win an injunction, plaintiffs have to prove two things: that they would suffer “irreparable harm” while their case is pending and that they have a strong likelihood of ultimately winning their case.

Lobis said today that she didn’t find the department convincing on either point.

A city lawyer said holding up the turnaround process for any amount of time would “thwart” efforts to improve the schools. ”This would undo everything the DOE has done thus far to improve these schools,” said the lawyer, Maxwell Leighton.

But Lobis questioned what harm would really befall the department if it must roll back its efforts for the few weeks before she considers the merits of its request to overturn the arbitrator’s ruling. If the city ultimately wins its case, she said, it could just tell teachers that their reinstatements had been reversed again.

“Maybe you’d have to rescind some letters. How is that irreparable harm?” Lobis asked.

That seems to be a unlikely possibility. The main plank of the city’s appeal is that the arbitrator, Scott Buchheit, did not actually have jurisdiction over the hiring processes.

Lobis pointed out that the department had agreed to let Buchheit rule on whether the staffing issue should be subject to arbitration at all, and he said that it was.

“Just because he said it doesn’t mean it’s true,” Maxwell told the judge.

City and union lawyers went before Lobis in late May after the unions sued to stop staffing processes underway at the 24 schools, and at her urging they agreed to have an independent arbitrator hear and rule on the case.

That decision alone makes the city very unlikely to win an appeal, according to a city attorney who specializes in labor relations.

“The courts place great deference on a decision made by an arbitrator, so the arbitrator can make decisions without fear of being overruled,” said Steven Landis. “If an agreement has been made to arbitrate, the court says, ‘Arbitrate it, don’t come to me.’”

What will happen tomorrow at the schools is not yet clear. But after the hearing concluded, a top union lawyer, Adam Ross, said union officials would “immediately” initiate conversations with the city about reinstating teachers and administrators who were told they could not return to their schools.

City officials did not immediately say whether they planned to engage in those conversations.

“Our goal is to turn around these failing schools and help our students succeed. We appreciate the judge setting an expedited schedule to hear our challenge to the arbitrator’s decision so that we can meet that goal,” Cardozo said in his statement. “The judge also made it clear that she wants to consider the case fully. We believe that, after she reviews our papers, she’ll conclude that the arbitrator was wrong.”

  • Lyndawiththey

    Stop blaming the teachers and start putting some accountability on the parents as to why their children don’t do well in school. Thanks to Bloomberg and his posse the parents feel it’s not their problem yet their kids are the ones who spend more time walking the halls. Wake up Bloomberg! See where the blame really lies and stop picking on the teachers. 

  • Comrade

     We can totally relate to what you and your family are going through.  My spouse, a fine teacher with an impressive achievement record as a teacher “suddenly” started being given “u” ratings during his ninth and tenth years of service.  Soon, there were 3020a charges of incompetence, and removal from the classroom to desk duty at another school. 
    Amazingly, there was recently vindication (that is, not found perfect, but also not found “worthy” of dismissal from teaching) in the 3020a process.  But it’s quite unclear as to what’s next.  Will my spouse be back in the school, where they dealt out terror and harassment  for the prior two years?  Or will my spouse be an ATR?  And if so, who in the all-too-”Open”-Market will really hire a teacher with 2 “U” ratings (despite vindication in 3020a, and despite significant accomplishments as a teacher, not to mention valuable years of experience as a teacher)? And who will hire someone who makes more per year than an untenured novice fresh out of college? 
    And anyway, isn’t Mayor B trying to get the ATRs officially labeled as inferior merchandise so that they can be “first fired” due to a concocted presumption of inferiority?
    Our family has been riding an emotional roller coaster for, now, three years, and we’ve spent lots of money on attorneys and other advisors as well.  And, to add insult to injury, my spouse lost “moonlighting” work once the 3020a charges were made — work after school on a Title 1 program.(Apparently the DOE can yank that out from under you, too, when a teacher is under 3020a charges [at least temporarily, we hope]. Who knows what’s been done to my spouse’s good name with this program — something money cannot buy!)  Also, teaching summer school was also not an option since the decision in my spouse’s favor, in the 3020a charges, came too late to be able to apply to teach summer school.
    And to top it all off, my spouse was one of those folks hired in 2001, when the city was begging people to be teachers, who entered teaching from a non-teaching background and spent every waking moment for the next several years taking the required ed. courses, in order to get certified as a teacher by NY State, while simultaneously learning-by-doing to be a teacher every day in the classroom, where not even a curriculum had been provided for this new teacher to follow.
    Anyway, believe me, I’ve been thinking of you and your family, and those of all of the teachers in these so-called turnaround schools. I’m sure this process has been a “turnaround” for lots of things in your lives, not the least of which is everyone’s insides!  I guess we all have to ride this roller coaster for at least another year and a half, until we have another mayor. Let’s pray that all of us stay employed at least that long.

  • Flores_juan_pablo

    I did all the interviews to start working as a sub para in one of this (new) schools but now that they wont open they told me I am in some kind of a limbo stage… Does anyone knows whats gonna happen with all of us in my situation? I have been trying to start working in the BOE for so long and I was so close. Im so upset!

  • Unfairly blaming the teachers

    Police Commissioner Kelly just came out today criticizing the media for picking on the police!

    The day that Education Commissioner Wolcott comes out criticizing the media for picking on teachers, well, I simply can’t imagine that day will EVER come!

    But of course, those who supervise police officers have distinguished significant years of experience as police officers themselves.  ‘Can’t say the same about the classroom teaching backgrounds of far too many of those who supervise and evaluate teachers!!!!

    But of course, to Mayor B., kids and teachers and classrooms are widgets. 

  • Puttng4birdy

    Or as the Joker said in the movie Batman “do I look like a guy with a plan?”

  • Puttng4birdy

    Or as the Joker said in the movie Batman “do I look like a guy with a plan?”

  • guest

    Bloomberg will go down in history as the worst thing that ever happened to education in NYC. The damage he has caused will last for many years to come!!!

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