Public Employee Press

School Aide awarded $9,000 as unjust dismissal is reversed

For Ana Lopez, a School Aide and member of Local 372, working with the students at PS 119 in the Bronx is very rewarding — but dealing with management is another story. Acting on a parent’s unfounded allegation of corporal punishment, the principal of the school decided to terminate Lopez on Oct. 18, 2006.

She quickly contacted the union and a grievance was filed on her behalf, but efforts to resolve the matter between the school’s management and union representatives were unsuccessful.

The union took the dismissal to impartial arbitration, and both sides presented their cases at a hearing held Feb. 29.

The Dept. of Education maintained that Lopez had been terminated for good and sufficient reason. The union showed that there was no concrete evidence against Lopez to support the charge of corporal punishment.

The union also pointed out that the parent did not make the complaint until two weeks after the incident. Attorney Mitchell B. Craner, who handled the case for the union, said this rendered the complaint void of merit.

The arbitrator agreed with the union and found that the Dept. of Education had no credible evidence and lacked good and sufficient cause to terminate Lopez. The arbitrator ordered the DOE to reinstate her immediately and awarded her $9,000 in back pay.

“It was important that she contacted the union right away so we were able to move quickly,” said Schools Division Council Rep Domenic Renzi. “Sometimes members don’t understand that these issues take time to resolve, but she understood that and was very patient,” he said.

“I really appreciate all the work the union and Mr. Renzi did on my behalf,” said Lopez. “Working together we were able to win.” Lopez will return to work when school opens in September.