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Legal Complaint

Legal Complaint

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Published by yasmeen_khan_wnyc
City Sues UFT
City Sues UFT

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Published by: yasmeen_khan_wnyc on Sep 27, 2013
Copyright:Attribution Non-commercial

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09/27/2013

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SUPREMECOURT
OF
THE STATE
OF
NEW
YORK
::i:::_:Ì"_yl:Y
.........._x
BOARD
OF
EDUCATION
OF
THE
CITY
SCHOOL
DISTRICT
OF
THE
CITY
OF
NEV/YORK,
INDEX
NO.
Plaintift
DateFiled:
September26,2013
-against-LTNITED
FEDERATION
OF
TEACHERS,
SUMMONS
Defendant
YOU
AREHEREBY
SUMMONED to
answer
the complaint
in
this
action
and
to
serve
a
copy
of
your
answeron
the
PlaintifPs
attorney
within
20
days after the service
of
this
summons,
exclusive
of
the day
of
service
(or
within
30
days
after the
service
is
complete
if
thissummons
is
notpersonallydelivered
to
you
within
the
State
of New
York);
and
in
case
of
your
failure
to
appear
or
answer,
judgment
will
be
takenagainst
you
by
default
for
the
relief
demanded
in
the
complaint.
The
basis
for
venue is theplace
of
Defendant's
business
and
the
countyinwhich
FILED: NEW YORK COUNTY CLERK 09/26/2013
INDEX NO. 451734/2013NYSCEF DOC. NO. 1RECEIVED NYSCEF: 09/26/2013
 
the action
arose
pursuant
to CPLR
504(3),
which
is
New
York
County.
Dated:
NewYork,
New
York
September
26,2013
MICHAELA.
CARDOZO
Corporation
Counsel
of
the
City
ofNew
York
Attorney
for
Plaintiff
100
Church
Street,
Room2-143New
York,
New
York
10007-2601
(212)
3
72
By:
AssistantCounsel
-2-
 
SUPREME COURT
OF
THE STATE
OF
NEW
YORK
::it:::v_Yt:li
...........x
BOARD
OF
EDUCATION
OF
THE
CITY
SCHOOL
DISTRICT
OF
THE
CITY
OF
NEV/YORK,
Plaintift
-against-
LINITEDFEDERATION
OF
TEACHERS,
Defendant.
COMPLAINT
Index
No.
Plaintiff,
Board
of
Education
of
the
City
School
Districtof
the
City
of
New York
("DOE"),by
and
through
its
attorney
Michael
A.
Cardozo,
Corporation Counsel
of
the
City
of
New York,
as
and
for
itscomplaint
againstDefendant
United
Federation
of
Teachers,alleges
as
follows:
1.
This
action
seeks
a determination that the
United
Federation
of
Teachers
("UFT")
has
violated
a
validly
enforceable
agreement
between
the
DOE
and
the
UFT
which
increased the
number
of
arbitrators
(alsoreferred
to
as
"hearing offrcers") who sit
on
a
rotational
panel.
Arbitrators
fromthis
panel
preside
over
disciplinary
hearings
held
as
a
result
of
disciplinary
charges
brought
by DOE
against
nonsupervisory
pedagogicalpersonnel pursuantto
New
York
Education
Law
Section3020-a.
2.
Under
New York
Education
Law
Section3020,
the
DOE
andthe
UF-T
are
authorized
to
modify,
by
agreement,
the
disciplinary
proceduresset
forth
under EducationLawSection3020-a,
including, but not limitedto,
the
procedures
bywhich disciplinary
charges
are
filed
and adjudicated,as
well
as
the
procedures
for
disciplinary
hearings and
the
selection
of
arbitrators.

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