Excerpts from the contract between the Board of Education of the City of New York and the United Federation of Teachers, Local 2. 1991-1995

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AGREEMENT
between
THE BOARD OF EDUCATION
of the
City School District
of the
City of New York
aod
UNITED FEDERATION OF TEACHERS


Local 1, American Federation
of Teachers, AFL-CIO

covering

TEACHERS

October 1, 1991-October IS, 1995

... X1093


ARTICLE TWENTY-ONE
DUE PROCESS AND REVIEW PROCEDURES


A. Tcacber FUel
OfficiallclCher files in a school abaII be maintained under the following
CircURlSIanCeI:

I. No malerial deroga&ol}' to a IcICher's conduct, service. character or
peraonality shall be placed in the files unlcslthe teacher hIS had an opportunity
to read the malerial. 1bc IcICher shall acknowledae that he hIS
read luch material by affixina hillianat~ on the actual copy to be filed,
with the undcntanding that aucb sianat~ merely signifies that he bas
read the matcrialto be filed and does not necessarily indicate aareement
with its content. However, an incidelll whicb hIS DOl been reduced to
writing within three months of ill occurrence, exclusive of the summer
vacation period, may not later be added to the file.

2. The teacher shall have the riaht to answer any material filed and his
answer lhall be attached to the file copy.
3. Upon appropriate request by the teacher, he shall be pcnnitted to examine
bis files.
4. 1bc teacher shall be permitted to reproduce any material in bis file.
S. Material will be removed from the files when a teacher's claim that
it is inaccurate or unfair is sustained.
B.Summons


I. A teacher summoned by the principal to a conference which may
lead to disciplinary action for reasons of misconduct may be accompanied,
at his option, by the chapter chairman or hi, designated alternate.
2. Teachers summoned to the office of a community or assistant
superintendent or to the Division of Human Resources shall be given two
days notice and a statement of the reuon for the summons. except where
an emergency is present or where considerations of confidentiality are involved.
Whenever an employcc is summoned for an interview for the record
which may lead to disciplinary action, he shall be entitled to be accom


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Art. 21 C

panied by a representative who is employed by the city school system. or
by an employcc of the Union who is not a lawyer, and he shall be informed
of this right. However, where the community or ISsiSlant superintendent
or Ibe Division of Human Resources permits an allomcy who il
nOi a member of the city school system to represent any participant in the
interview, the employee shall be entitled to be represented by an allOmcy.
An interview whicb is not held in accordance with these conditions shall
DOl be considered a part of the employcc's personnel file or record and
neither the fact of the interview nor any statements made at the interview
may be used in any subsequent Board procccding involving the employ


cc. It is understood that informal conferences, such as those betwccn a
community or assistant superintendent and a teacher, or the Division of
Human Resources and a teacher, for professional improvement, may be
conducted off the record and shall nOi be included in the employee's personnel
file or record.
3. Incidents investigated by the Chancellor or by a governmental investigatory
agency must be reduced to writing by the appropriate supervisor
within 6 months and 12 months respectively from the date the incident
eilber occcurred or should have been discovered by the appropriate
school officials. Employees must receive a complete copy of any such
writing and an opportunity to answer in writing and to have such response
allached. The writing may DOl be incorporated into the employee's personnel
file or record. unless this procedure is followed. and any such writing
will be removed when an employcc's claim that it is inaccurate or unfair
is sustained.
C. Dileoatmuance 01 Probationary Service and
Appeals or UDBIltlstllC10ry Ratiop.
I. Regular substitutes and teachers on probation. eltcepl as provided in
subparagraph 2 below. shall be entitled to the review procedures before
the Chancellor as prescribed in Section 5.3.4 of the by-laws of the Board
of Education.
By-law 5.3.4 procedures for the review of a recommendation by a superintendent
for discontinuance of probationary service of a teacher shall
be modified to provide for the following:

a. The 5.3.4 commillcc shall be a tripartite committee of professional
educators, one selected by the teacher, one by the Board and a third
selected by the other two from a list agreed upon by the Board and the
Union.
b. The commillcc will make an advisory recommendation to the community
school board or the Chancellor for central programs within 20
days after the hearing.
c. The costs of the teacher'S representative shall be paid by the tcacher.
The costs of the Board's representative shall be paid by Ibe Board. The
costs of the mutually selected member of the commillee shall be shared
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Art. 21 D

by the Board and the teacher.

2. Teachers on probation who have completed at least three years of
service on regular appointment in the school shall be entitled, with respect
to the discontinuance of their probationary service, to the same review
procedures as are established for tenured teachers under Section
3020-a of the F..ducation Law.
3. Teachers who receive doubtful or unsatisfactory ratings may appeal
under Section 5.3.4 of the by·laws of the Board of Education.
D. Suspension
Any teacher who is suspended pending hearing and determination of
charges shall receive full compensation pending such determination and
imposition of any penalty.

E. Expedited 3020-a Procedure
The parties are in agreement that it is in the best interests of the school
system and the teacher involved to expedite the proceedings under 3020a
in a manner consistent with due process. The parties have therefore
agreed to expedite the 3020-a proceedings in the following manner:

J. The parties shall mutually designate a panel of arbitrators, to be
known as the 3020-a impartial chairpersons, selected from the panel of
impartials of the State Education Department. TIle State Education Department
shall continue to administer the assignment of 3020-a matters to
the panel. The impartials shall be paid their customary rates and the difference
between those rates and the rates paid by the State Education Department
shall be borne equally by the parties.
2. Charges against tenured teachers shall be processed in accordance
with 3020-a; heard by a tripartite hearing panel composed of an impartial
chairperson, a Board member and a Union member. As charges are
brought to the State Education Department, they shall assign each case in
rotation to an impartial chairperson who is available to schedule the case
for hearing within thirty (30) calendar days. The impartial chairperson
shall hold an informal conference within two weeks of receipt of the
charges for the purpose of clarification of issues and expedition of the
scheduling of the case which shall be scheduled for consecutive days under
the conditions set forth in the regulations of the Commissioner. The
cost of daily and/or expedited transcripts, when requested. shall be shared
equally by the parties if mutually requested and by one party if not mutually
requested. The parties shall submit any memoranda of law within
two weeks of the receipt of the transcripts. Decisions in each case shall
be issued within two weeks of (he closing of the record.

F. Disciplinary Arbitration Option
Tenured teachers facing disciplinary charges may elect final and bind
ing arbitration. in lieu of the expedited 3020-a procedure above.

I. Within 10 working days of receipt of the Statement of Charges. the
teacher, on a prescribed form shall notify the Board and the Union of the
122

Art. 21 F

desire to pursue one of the following procedures:

a. No hearing
b. Expedited 3020-a procedure
c. Final and binding Arbitration
2. The unexcused failure by the teacher to elect an option within ten
working days of the receipt of charges will be deemed a waiver of the
right to arbitration, and as provided by law, a waiver of the right to a hearing
under 3020-a. In the event of a late election for arbitration. the arbitrator
will determine, as a threshold issue. whether the failure to make the
election within 10 working days shall be excused.
3. It is understood that the teacher is bound by the alternative selected
and will not be permitted to pursue more than one procedure.
4. If the teacher chooses to pursue the arbitration procedure alllJIPlicable
provisions of Article 22C of this Agreement and Article 75 of the
Civil Practice Laws and Rules shall apply.
a. The parties shall mutually designate a panel of arbitrators who shall
be assigned cases by rotation and who shall schedule such assigned eases
and informal conferences on the same basis and within the time frame
as set forth in the expedited 3020-a procedure.
b. All hearings shall be conducted in accordance with the rules and pr0cedures
in the AAA's Voluntary Labor Arbitration Rules. TIle Arbitrator's
powers include the power to conduct hearings; decide motions and
hold pre-hearing conferences; administer oaths and affirmations; compel
the attendance of witnesses and the production of documents; issue subpoenas;
and take whatever actions are necessary to expeditously resolve
the case or render a determination. TIle Board and the teacher may present
statements of fact, witnesses, documentary and other evidence and
argument, and may cross-examine the witnesses of the other party. TIle
hearings shall be transcribed with the cost of transcription shared by the
Board and the Union. The cost of dailyand/or expedited transcripts shall
be shared equally by the parties if mutually requested, and by one party
if not mutually requested. TIle expenses of witnesses for either side shall
be paid by the party producing such witnesses. Memoranda of law shall
be submitted within two weeks of the receipt of transcripts.
c. The Arbitrator shall issue a written decision within two weeks after
the closing of the record. The decision shall fully detail the arbitrator's
conclusions and any finding of facts; and state the penalty, if any. Such
penalty may include an oral or written reprimand. a fine, a suspension for
a fixed time without pay, or a dismissal. An acquitted teacher shall be restored
to hislher position and all charges shall be expunged from the
teacher's record.
d. Any fees and expenses in excess of that paid by the State Education
Department, including the Arbitrator's rate shall be born equally by the
Board and the Union.
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Art. 21 G

e. Any arbilralion delerminalion shall be final and binding. subjecl
only 10 judicial review under Anicle 75 of Ihe CPLR.
G. Peer Intervention Program
The Board and Union recognize Ihal inslruclional services should be
delivered by a highly qualified and motivaled slaff. accorded Ihe respecl
and professionallrealmenl 10 which they are enlilled.
Towards Ihal end the Board and the Union have agreed 10 seek resources
and 10 provide peer assiSlance on a volunlary confidenlial basis
10 slaff who have compleled probalion and who believe Ihal their leaching
compelence will benefil from Ihal assislance in Ihe manner provided
below:

I. The peer inlervenlion panel shall be composed of nine members. six
of whom shall be selecled by the Union and Ihrce of whom shall be adminislralors
selecled by the Board.
2. This Panel will sel qualificalions and procedures for the seleclion of
inlervenors. an a1lernative careers liaison and a coordinator of the program.
The Panel shall advertise. as needed. !he inlervenor. coordinalor
and alternalive careers liaison positions on a city-wide basis. posling Ihe
qualificalions and procedures previously developed. The program's professional
slaff shall be selected in accordance with the posled procedure.
3. The Panel will also design and continually monilor a professional
developmenl program that enables the selecled slaff to meet the goals set
forth above.
4. The intervenors shall serve for a four year lerm.
S. Any teacher who has a reasonable basis for needing such assistance
and/or receives a U-raling or formal warning may request assistance from
the peer inlervenlion program, in wriling on a form promulgaled by Ihe
Panel. The Panel will review the requesls and promplly notify the teacher
of ils delermination as 10 whether assistance will be provided in Ihal case.
Such communicalions will be kepI complelely confidenlial.
6. The inlervenor will develop a plan 10 assisllhe participaling leacher
lailored 10 Ihe specific needs of Ihat leacher and will work wilh the
teacher direclly for nol more than one year.
7. For Ihree months following Ihe start of !he inlervenlion period. supervisors
will nol evaluale or observe the participaling leacher. However.
supervisors will otherwise conlinue 10 exercise their responsibilities.
8. The Board. the Union. and the participaling teacher agree Ihal for
any disciplinary aclion olher than an appeal of a previous U-raling. all
lime limilalions wilhin which 10 bring such aclions will be lolled for Ihe
Ihree monlh period in which !he supervisor does nol evaluale or observe
the panicipaling leacher. For such U-raling appeals. Ihe panies agree Ihal
lhe lime limilalions are lolled for Ihe enlire period of inlervenlion.
9. All communicalions belween Ihe inlervenor and Ihe participaling
leacher shall be complelely confidenlial. As a condilion of involvemenl
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Art. 21 H 3

in Ihe program. all panicipanls in the program. including !he inlervenor
and Ihe panicipaling teacher. must consent 10 Ihe confidentialilY provisions
sel fonh in this paragraph. The Board and Union agree thaI !he inlervenor.
or any other person involved in the peer intervention program
shall not be subpoenaed by Ihe Board or the Union or called 10 leslify.
produce documenls or participale in any other way concerning !he inlervenlion
in any proceeding involving the participating teacher. including
polenlial subsequenl proceedings under Section 3020-a of the Educalion
Law. No arbilralor. in any proceeding under the parties' control. shall accepl
evidence regarding such communicalions.

10. Excepl as otherwise herein provided, Ihe Union. the Board or any
panicipaling teacher may exercise any conslilulional, SlatulOry, regulalory
or conlraclual righl otherwise provided by law, regulalion or contracl.
II. The Board agrees 10 make available on a beSI efforts basis a1lernalive
career opponunities for leachers who decide 10 leave the leaching
profession in Ihe course of or following inlervenlion.
12. Adminislralive procedures for effeclualion of these provisions will
be formulaled by the Panel in consullalion wilh the Board and the Union
and Ihereafler dislribuled by the Panel.
13. These procedures relale solely 10 issues of competency and no other
grounds of discipline.
14. The aCls of the Panel. inlervenor, coordinator, Union and Board
shall be final. 

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