Letter-in-the-File Arbitration Victory

This was sent to me:

Dear Richard,

In a major victory for UFT members, an arbitrator has ruled that members may seek the removal of a letter written for the file if there is an underlying substantive violation of the collective-bargaining agreement.

In this case, a Brooklyn high school principal gave any teacher who was absent 10 or more days a letter for the file for being excessively absent. One teacher who received such a letter for the file filed a grievance under Articles 16 (absences) and 20 (Chancellor's Regulation C-601) of the contract, arguing that the principal violated the chancellor's regulation on attendance.

The arbitrator ruled in the teacher's favor, asserting that no specific number of absences can automatically trigger discipline. He stated that a good faith, case-by-case analysis of the facts and circumstances of each teacher's absences should be conducted before determining whether discipline is warranted.

The arbitrator went further to say that multiple factors should be considered in deciding whether a teacher was excessively absent. Those factors include:

-Whether the absences were due to unusual circumstances
-Whether the absences are likely to recur
-Whether there is a pattern of absences
-The teacher's attendance and work history, including the number of
days in the teacher's CAR and the number of years of service
-Whether the teacher had a serious illness
-The impact of the absences on the school and its students.

This arbitration decision can be used in other areas of our contract besides absences. For example, a teacher who receives a letter for the file alleging he or she committed corporal punishment could file a grievance under Article 20 if there is a substantive violation of the Chancellor's Regulation A-420 (Corporal Punishment), such as the investigation was not done properly. The teacher could ask as a remedy for a proper investigation in addition to the removal of the letter from the file.

If you have any questions regarding the application of this grievance decision, you should call your district representative or your UFT borough office.

Sincerely,
Howard Solomon
UFT Grievance Director