Monday, November 18, 2013

Portelos Update: Supreme Court Rules Against DOE Refusal to Recognize Him as Chapter Leader

New York State United Teachers (NYSUT) filed a Motion to Confirm the arbitration. Today we just found that Supreme Court Judge Joan B. Lobis confirmed the arbitration award. The DOE lawyers will have a chance to appeal and most likely they will try....
This win should set precedent for all targeted chapter leaders. If someone thinks they can attack a chapter leader and wrongly accuse them so they are removed, they should now think again. Sending them to the Rubber Room (that doesn’t exist) will not prevent them from acting as such… Francesco Portelos
The DOE Legal breaks new ground every day in the Portelos case. Like their claim they can overturn the election of a chapter leader. First they refuse to recognize his election. He files grievances. He loses because the DOE controls these rulings. The UFT takes the case to arbitration. The arbitrator rules in his favor.

See: June 6 2013 -Big Arbitration Win for School Community IGNORED BY DOE

The DOE refuses to accept an arbitrator's decision? Isn't that what Campbell Brown is calling on them to do? And they can do it? Exactly when do they get punished for this behavior? How about a massive fine? What is the point of going through step after step and having the legal decisions ignored?

Next it is off to Supreme Court where today he won -- again. And they can still appeal? And spend taxpayer money doing it? WHERE IS THE PRESS?

But here is the best part for me. The school has safety violations - a good chapter leader is often the agent charged with making the school safe and the DOE doesn't worry about issues like the safety of the children when they are on their witch hunts.
Even before I took office I was raising legitimate concerns at IS 49. Once I became chapter leader, I at least had the UFT/DOE contract to back me. However, the DOE refused to adhere to our contract. I filed many grievances last year. They were denied by Principal Linda Hill and Office of Labor Relations reps (aka David Brodsky esq.)
But nothing stops Portelos. Last Friday was a hearing date. Before the hearing here is what he did:
Last Friday I held a UFT meeting at my school using Skype video calling and a projector. With this win, I should be able to function like all other Chapter Leaders and not need to do that again.
 I wouldn't bet on it yet even with a court victory. Even if he wins his case they will violate basic rights and won't put him back in his school but make him an ATR. How the hell can they get away with that? DOE Legal are a bunch of crooks and violators of the law. They should be disbarred.

Here is his blog post today.

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