SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK, IAS PART 6

MICHAEL MULGREW, et ano.,

Petitioners, -agarnst-

STIPULATION AND ORDER

BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, et ano.,
Respondents.

Index No.: 60000212012

(Lobis, J.)

WHEREAS Petitioners cormenced this proceeding by Order to Show Cause

seeking

to enjoin

Respondents from making hiring decisions

of

certain staff prior

to

the

resolution of grievances filed pursuant to their collective bargaining agreements;

WHEREAS Respondents answered the Verified Petition and oral argument was
held before the Honorable Joan B. Lobis, J.S.C., on May 16,2012;

WHEREAS the parties notw desire expedited resolution of the underlying

without further court intervention;

issues

IT IS THEREFORE AND HEREBY STIPULATED AND AGREED, by and

between the parties, through their undersigned counsel, that:

1.

The at-issue grievances shall be

Buchheit; and

(i)

consolidated;

(ii)

heard

by arbitrator

Scott

(iii)

conducted on the three dates

June 7, 22, and 26, 2012

that

arbitrator Buchheit has currently committed to the UFT/BOE for June 2012, unless
additional or alternative dates in June are agreed to by the parties;

2.

In light of the parties' mutual

desire

to complete this hearing and receive a decision

before the end of June, the parties will jointly speak with the arbitrator to seek earlier
hearing times in June shoul they become available;

3.

The parties further agree that they shall be available and make their witnesses available

earlier than and/or later than normal working hours and at other reasonable times to
accomplish completion of the arbitration within the required timeframe and will jointly
request that the arbitrator make himself available at such times;

4.

To further streamline the hearing, representatives for the parties will meet no less than
three days prior to the f,rst hearing date with the goal of arriving at a set of stipulated
facts and to stipulate to the authenticity of proposed documentary exhibits;

5.

In advance of the hearing, the parties will jointly request that the arbitrator conduct a
pre-hearing conference (whether in person or telephonically) to discuss allocation of

hearing time evenly between the parties (including rebuttal witnesses), and the
adherence to an agreed-upon schedule, or,

ifone

cannot be agreed upon, to the one set

by the arbitrator, unless mutually agreed otherwise (for the purposes of this Stipulation,
the UFT and CSA shall be regarded as one party);

6.

The parties further agree that they will jointly request that the arbitrator limit time used
between witnesses and between direct and cross (to prepare or caucus), so as to prevent

delay and ensure the fair allocation of time between the parties;

7.

The parties shall jointly request that the arbitrator issue a decision, with opinion to

follow, on the Consolidated Grievances no later than

J:une

29,2012 or within 48 hours

after the completion of the hearing if completed earlier;

Should the arbitrator determine that Respondents violated the collective bargaining
agreements between the parties by violating Articles 178 and 18D, as applicable,

of

the UFT's collective Uurguning agreement, the remedy shall include an opportunity for

all UFT-represented employees currently assigned to the 24 subject schools at issue in

this proceeding to be,
start

if they are not already, promptly

(and in no event later than the

ofthe 2012-13 school year) assigned to and placed on the table oforganization of

their current school (or the school that may replace it) as though it were, for all labor
and employment-related purposes, the same as the school they are currently assigned

to and their service in the school was unintemrpted, including, but not limited
reinstatement to their rightful place in seniority order;r
9

to,

Should the arbitrator determine that Respondents violated the collective bargaining
agreements between the parties

by violating Article VII-L of the CSA's collective

bargaining agreement, the remedy shall include an opportunity for all CSA-represented
employees currently assigned to the 24 subject schools at issue in this proceeding to be,

if they are not

already, promptly (and in no event later than the start of the 2012-13

school year) assigned to and placed on the table of organization

oftheir curent school

(or the school that may replace it) as though

it were, for all labor and employment-

related pu{poses, the same as the school they are currently assigned to and their service

' For purposes of this remedy, the school an employed is "currently assigned to" is the school the employee was assigned to as of the date the petition in this matter was f,rled and it shall not matter whether the individual has thereafter voluntarily transferred to and/or accepted another
position at a school or in some other pedagogical supervisory capacity.

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in the school was unintemrpted, including, but not limited to, reinstatement to their
rightful place in seniority order;2

10.

Should the arbitrator determine that Respondents violated the collective bargaining
agreements between the parties by violating Articles 178 and

l8D, as applicable, of

the UFT's collective bargaining agreement, the remedy shall also include all UFTrepresented staff who were newly-accepted for jobs at any of the 24 subject schools at issue in this proceeding being granted a right to promptly (and

in no event later than

the start of the 2012-13 school year) return to their prior school (or the school that
replaced it), and be placed on the table of organization in the same manner as they were so placed on the date the petition in this matter was filed, including reinstatement to their rightful place in seniority order, as applicable;

11. Should the arbitrator

determine that Respondents violated the collective bargaining

agreements between the parties

by violating Article VII-L of the CSA's collective

bargaining agreement, the remedy shall also include all CSA-represented staff who

were newly-accepted for jobs at any

of the 24 subject

schools at issue

in

this

proceeding being granted a right to promptly (and in no event later than the start of the 2012-13 school year) return to their prior school (or the school that replaced it), and be

placed on the table of organization in the same manner as they were so placed on the
date the petition in this matter was filed, including reinstatement to their rightful place

in seniority order,

as applicable;

For purposes of this remedy, the school an employee is "currently assigned to" is the school the employee was assigned to as of the date the petition in this matter was frled and it shall not matter whether the individual has thereafter voluntarily transferred to and/or accepted another position at a school or in some other pedagogical supervisory capacity.

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12. Should the operation of flfl 8-ll,

above, result in any of the 24 subject schools having

vacancies as a result ofcurrent staffopting not to exercise their right to return pursuant to flfl 8-9, the schools shall

fill

those vacancies in the normal course;

as a waiver

13. Nothing inflfl 8-11, above, shall be construed

of eitherparty's position or

arguments with respect to the arbitration referenced in

fl

1;

14. The hve members already named to serve on the hiring committees for UFTrepresented staff at the24 subject schools in accordance with

Article 18D of the UFT

collective bargaining agreement (the "18D committees") shall be permitted to meet for

planning purposes only, starting immediately, but should the arbitrator

proceeding described

in

the

in T 15 find that additional

members

of the committee are

required, the parties shall make best efforts to ensure the 18D committees are fullystaffed as soon as possible, with plans previously made by the five-member committee subject to adjustment, in reasonable fashion, in order to incorporate the input of the additional members and consider their contributions and schedules;

15. A

separate grievance filed by the United Federation of Teachers against Respondents

regarding the composition of the l8D cemmittees shall be heard by arbitrator Jeffrey Tener, whose first available date to hear such issues is May 23,2012, and the parties
shall

jointly request that the arbitrator issue a decision, with opinion to follow, on the

grievance by no later than May 25,2012;

16. Immediately upon receipt of the decision on the grievance referred to in fl

15 and in

compliance therewith, Respondents shall be free to make and communicate UFT

represented staff selection decisions and otherwise proceed with the process of staffing

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the "new" schools at issue in this litigation pursuant to all applicable contractual and
other provisions, except as provided below in

fl l8;

17. Nothing in this Stipulation shall be construed to restrict Respondents' ability to make
selection decisions with respect

to

supervisors

for the 24 schools at issue in

this

proceeding, or to communicate those decisions, except as provided below in fl 19;

18. Should

Respondents and/or an 18D committee interview a UFT-represented person (or

any new hire that would be so represented) for a position in one of the 24 subject schools, Respondents and/or the 18D committee shall, at the time a decision on whether to extend an offer to that individual is reached, inform that individual, in

writing, that said decision is conditioned on the outcome of the pending arbitration
forth in fl
1 and

set

that a decision is expected by the end of June;

person (or any new hire that would

19. Should Respondents inform any CSA-represented

be so represented) that Respondents intend to place him/trer in an interim acting

capacity when

a school replaces one of the 24 subject

schools at issue

in this

proceeding on July I , 2012 or to commence a C-3 0 process for that position on or after

that same date, Respondents shall notify the person in writing that said offer
conditioned on the outcome of the pending arbitration set forth in
decision is expected by the end ofJune;

is

fl 1 and that a

20. The parties agree that they

and/or their representatives (including those representatives

who serve on 18D committees) will not affirmatively seek to make representations or
statements that are intended

to dissuade applicants who are not currently assigned to

one of the 24 schools at issue in this proceeding from applying or accepting an offer to

work at one of those schools because of the pending arbitration;3

21. This Stipulation is ade in settlement of the above-captioned Article 75 proceeding

only and shall not constitute a waiver of any other contractual or legal right, claim or
defense related to the underlying grievances, including, but not limited to, the right to

bring an Article 75 proceeding for any available remedy against enforcement of the
final decision of the arbitrations referenced herein; and

22.

This special proceeding shall be marked off the Court's calendar, subject to restoration upon forfy-eight hours written notice, and the Court shall retain jurisdiction to hear any
disputes between the parties related to this proceeding.

Nothing in this Paragraph shall be intended to limit the parties' abilities to render advice in

good faith.

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IT IS FURTHER STIPULATED AND AGREED, by an btween the undersigned

attomeys

for the respective parties hereto, that scanned or fascimile signatures on this document shall be
suffrcient. Dated:

New York, New York May 24,2012

STROOCK & STROOCK & LAVAN LLP

MICHAEL A. CARDOZO
Coryoration Counsel of the City of New York

By:

By:

I Maiden New York, New York 10038 (212) 806-5400

and

Orsland Assistant Corporation Counsel 100 Church Street New York, New York 10007 (212) 788-0904 Attor n ey

ADAM

Resp o n den ts

S. ROSS, ESQ.

United Federation of Teachers 52 Broadway New York, New York 10004 (2r2) 701-e420
and

DAVID N. GRANDWETTE& ESQ. Council of School Supervisors ancl

Administrators 40 Rector Street, l2th Floor New York, New York 10006 (718) 852-3ooo
C o - C ctuns
eI

for

P et i ti

ners SO ORDERED J.S.C.