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Tuesday, October 19, 2021

The Unlawful Randomness of Arbitration in NYC

How does it happen that teachers are being fired for not getting the COVID vaccine, no exceptions?

Oh, I know everyone reading this says "Wait! She is incorrect, teachers can have a hearing on religious exemptions and medical accommodations."

Yes, everyone - we are all right. The arbitration won by the UFT to have the medical and religious exemptions put into place is only as good as its implementation. What happens if the outcome of all hearings on the exemptions for any employee is denied? This is called constructive denial and ends up in the same pile as those applications which were denied without any hearing. Except, a couple of attorneys and arbitrators made some money.

What if...indeed.

Then there is the winning CSEA  (Civil Service Employees AssociationPetition filed on behalf of 5,600 members who work in the State's court system, to PERB and the Supreme Court, which has just decided that a mandatory vaccine requirement without proper negotiation is contrary to the rights of the members:

CSEA Wins Improper Practice Charge Against the NYS Unified Court System For Unilateral Imposition of a COVID-19 Vaccine Requirement Without Proper Negotiation

When there is something that just doesn't seem right, there is probably something that isn't right, like employer bias in arbitration.

Just sayin'...

Betsy Combier

President and Founder, ADVOCATZ
Editor, NYC Rubber Room Reporter
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

The Unlawful Randomness of Labor Arbitration 3020-a in New York City

ADVOCATZ, October 17, 2021

From Editor Betsy Combier:

When I started my voluntary study of the compulsory arbitration known as “3020-a” in 2003, I believed right from the start and still do believe, that the procedures used to prosecute the charges violate the accused person’s Due Process rights to a fair and complete hearing. This egregious action is compounded by the biases and lies of the lawyers and their witnesses brought to testify or promote false “evidence” under the color of law. 3020-a arbitrators, one in each case, sit in judgment of a tenured employee of the NYC DOE and can exonerate, fine, suspend from employment without pay or terminate any charged person brought before them. The United Federation of Teachers, their legal adjunct agency NYSUT, and the New York City Department of Education run these hearings in such a way as to deny the charged employee their rights under New York State law. See more


Education Law 3020-a Arbitration Up-Close and Personal: The Case of Teddy Smith

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