IN RE THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ETC. pet-ap, v. MICHAEL MULGREW, ETC. res-res

9548N. IN RE THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ETC. pet-ap, v. MICHAEL MULGREW, ETC. res-res — Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for ap — Stroock & Stroock & Lavan LLP, New York (Alan M. Klinger of counsel), for res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered August 2, 2012, which denied petitioner The Board of Education's (DOE) petition to vacate the arbitration award and granted the cross-petition of respondents Michael Mulgrew, as President of the United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO (UFT Union), and Ernest Logan, as President of the Council of School Supervisors and Administrators, Local 1, American Federation of School Administrators, AFL-CIO (collectively Unions), to confirm the arbitration award, unanimously affirmed, without costs.

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9548N. IN RE THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ETC. pet-ap, v. MICHAEL MULGREW, ETC. res-res — Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for ap — Stroock & Stroock & Lavan LLP, New York (Alan M. Klinger of counsel), for res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered August 2, 2012, which denied petitioner The Board of Education’s (DOE) petition to vacate the arbitration award and granted the cross-petition of respondents Michael Mulgrew, as President of the United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO (UFT Union), and Ernest Logan, as President of the Council of School Supervisors and Administrators, Local 1, American Federation of School Administrators, AFL-CIO (collectively Unions), to confirm the arbitration award, unanimously affirmed, without costs.

The DOE filed a plan seeking approval and grant money from the State Education Department (SED) to close 24 underperforming schools and to subsequently reopen 24 “new” schools in the identical locations and facilities. The SED conditionally approved the plan. The Unions filed grievances to the extent that the plan proposed to “excess” the staff of the closing schools, claiming that the plan to open new schools was a pretext to circumvent established procedures in the collective bargaining agreements (CBAs) for removing unsatisfactory teachers and other personnel. The Unions also claim that the plan circumvented the CBAs’ requirements that excessing of teachers, referring to those let go through no fault of their own, be done on the basis of seniority.

IN RE THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ETC. pet-ap, v. MICHAEL MULGREW, ETC. res-res

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