One of the newest additions to the outcry about this mess in NYC is below, from a great blog named "Accountable Talk":
Why isn't the UFT using the courts to prevent Cuomo from imposing an evaluation system on NYC teachers? Obviously, I'm a teacher and not a lawyer, but it seems to me there's a strong case here. Our contract, which was collectively bargained, is still in force and there is no provision in it for a new evaluation of any kind. Since when does the state have the power to unilaterally alter a contract because it doesn't like the terms? The few law courses I took emphasized the fact that contract law is pretty solid in this country. Has that changed? How can the state, which has a stake in the outcome of this dispute, simply choose to override a valid contract signed and agreed to by both parties?
Furthermore, any evaluation system imposed on us would be in direct opposition to the Triborough Amendment to the Taylor Law, which states that a collectively bargained contract must stay in force until a new contract is signed. How can the governor just vacate that law? If he does, would that invalidate the rest of the Taylor Law as well, and allow teachers to strike without penalty?
If Cuomo can force this contract alteration on us, what would stop him from passing a law mandating a 50% cut in salary for all city workers if he wishes to? It's the same thing. Collective bargaining itself is threatened if the state decides that it can simply alter contracts it doesn't like.
I'd appreciate the opinion of any lawyer out there on these questions. I think the courts would enforce existing contracts and tell the Gov. to stick his power grab. So, how about it?