Denial of access to teacher’s mailbox during "non-challenge period" lawful
89 AD2d 967, Appeal dismissed, 58 NY2d 823
An individual attempted to obtain access to teacher mailboxes in the face of the District’s policy of granting exclusive access to such mailboxes to the certified or recognized employee representative.
The Appellate Division rejected the individual’s denial of free speech argument on the basis that:
there were many alternatives means available to him to communicate with the teachers and
there was not denial of equal protection, as individual and the Middle Country Teachers Association were not similarly situated and therefore there was no differential treatment.
The Appellate Division also pointed out that the District’s policy was not in operation during the period when the certified or recognized union’s representation status could be challenged (See §208.2, Civil Service Law) and dismissed the appeal.
In many school districts the contract itself provides for “exclusive” rights of access to employees in the negotiating unit, except during the “challenge period”.