Not every criticism is a reprimand
Port Jefferson Union Free School District v. United Aids and Assistants, PERB decision U-5713
PERB rejected the Unions argument that every written criticism of an employee is a “reprimand” and therefore can only result from “disciplinary action.”
The case arose when, in response to an inquiry from the School Superintendent, the school principal made a number of recommendations including one that suggested “the Association ought not be brought in unless the immediate supervisor cannot or will not resolve the (grievance) problem.” This was viewed as a criticism of an employee.
The PERB decision is consistent with opinions issued by the Commissioner of Education and the Courts to the effect that letters in an employee’s personal file commenting on the employee’s conduct or performance the employer found unsatisfactory is not discipline.