Failure to cooperate defeats allegations the union violated Civil Service Law §209-a [The Taylor Law] when it withdrew from representing the individual in a disciplinary proceeding
Ronald Grassel and United Federation Of Teachers, Local 2, PERB Case U-29040
PERB Administrative Law Judge Blassman dismissed the charge which alleged that the United Federation of Teachers [UFT] violated §209-a.2(a) and (c) of the Act when it withdrew as Grassel’s representative in his Education Law §3020-a disciplinary proceeding.
The ALJ found that the UFT did not act arbitrarily, discriminatory or in bad faith when it withdrew as Grassel’s representative, the standard required for such violations.
The record showed that NYSUT, which was representing Grassel on behalf of the UFT, withdrew as Grassel’s representative because Grassel sent a letter to the arbitrator in which he made various motions and requests to the arbitrator and refused to rescind that letter upon NYSUT’s request. The ALJ found that, by making motions and requests normally reserved for the assigned attorney, Grassel had failed to cooperate with NYSUT in his representation and had impinged upon the negotiating representative’s rights under the Act to make litigation and trial decisions.