Sunday, July 15, 2012

Courts DO Overturn Arbitrator's Decisions in Bloomberg's Kangaroo 3020a Hearings

judges generally do not like vacating decisions of labor arbitrators, since doing so reduces the integrity of the arbitration process. The fact that so many judges are doing so proves that NYC’s 3020a process is broken.         
--- The Assailed Teacher
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But even Mayor Michael R. Bloomberg was not optimistic about the city’s chances in court. On WOR radio on Friday, he continued to rail against the arbitrator’s decision, saying it was “playing with kids’ lives.” But, the mayor acknowledged, “it is very hard to get courts to overturn arbitrator’s decisions.”  -------Schoolbook on the turnaround schools illegally closed
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There might have been a time when the 3020a process had some integrity. Under the reign of Pharaoh Bloomberg, however, whatever integrity it once had has come into question.
When a teacher does not agree with a ruling of the independent arbitrator, their only recourse is to appeal to an actual court of law. For many teachers, the cost of lawyering up and the inordinate amount of time it takes to go through the court system makes appealing the arbitrator’s decision out of the question.
Yet, more and more, teachers who go to the court system see some form of justice served. It must be pointed out that judges generally do not like vacating decisions of labor arbitrators, since doing so reduces the integrity of the arbitration process. The fact that so many judges are doing so proves that NYC’s 3020a process is broken.
Take the case of Nicole Moreno-Lieberman. The NY State Supreme Court vacated the independent arbitrator’s ruling of a $7,000 fine. Judge Lucy Billings’ recent decision says a mouthful about the pitfalls of the 3020a process.

The Assailed Teacher  More Tales “Shocking to the Conscience”

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The opinions expressed on EdNotesOnline are solely those of Norm Scott and are not to be taken as official positions (though Unity Caucus/New Action slugs will try to paint them that way) of any of the groups or organizations Norm works with: ICE, GEM, MORE, Change the Stakes, NYCORE, FIRST Lego League NYC, Rockaway Theatre Co., Active Aging, The Wave, Aliens on Earth, etc.

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