Certain teachers employed by the New York City Department of Education seek court order permitting them to "telework remotely"

A number of teachers [Petitioners] employed by the New York City Department of Education [DOE] initiated a CPLR 78 action seeking a court order permitting them to "telework remotely" rather then report to work in person. The Petitioners:

(1) Challenged as arbitrary and capricious the July 15, 2020, DOE's remote teaching policy for the 2020-2021 school year issued in response to the Covid-19 pandemic; and

(2) Sought a court order compelling DOE to allow Petitioners “and all others similarly situated" to telework remotely on full salary or without loss of leave.

Essentially Petitioners’ motion sought a temporary restraining order [TRO] prohibiting DOE from forcing Petitioners to report to work in person, charging their "Cumulative Absence Reserve and sick leave days" as the result of "telework" related absences, if any, and compelling DOE to permit Petitioners to teach remotely.

Supreme Court, after oral argument, opined that "In evaluating the balance of equities on a motion for a preliminary injunction, courts must weigh the interests of the general public as well as the interests of the parties to the litigation,” citing Amboy Bus Co., Inc. v Klein, 2010 NY Slip Op 31356[U]. To obtain an injunction, said the court, a plaintiff is “required to show that the irreparable injury to be sustained is more burdensome to him than the harm that would be caused to the defendant through the imposition of the injunction.”

Explaining that ".... several Petitioners have already been granted leave to work remotely until at least September 21, 2020, or have simply declined to return in-person until further notice," the court held that "the balance of the equities — by an exceedingly thin margin — favors Petitioners."

Supreme Court then granted the TRO solely to the extent that DOE may not, "until further order of the Court:"

a. Compel the named Petitioners to report to work in person;

b. Deny the named Petitioners the ability to work remotely; and

c. With respect to the named Petitioners, deny or deduct salary and/or leave time for remote work.

Supreme Court then ordered the parties to telephone the court to discuss the logistics of an expedited hearing on the preliminary injunction and Petition.

The Supreme Court's decision is posted on the Internet at http://www.nycourts.gov/reporter/pdfs/2020/2020_33016.pdf