AMERICAN ARBITRATION ASSOCIATION
CASE NO. 01 15 00003 4961
In the Matter ofthe Expedited Arbitration
OPINION
-between- AND
AWARD,
UNITED FEDERATION OF TEACHERS
and
NEW YORK CITY DEPARTMENT OF
EDUCATION
Re: Grievant Peter Zucker
(UFT Case No, A-7-X54131)
BEFORE: JACK D. TILLEM, Arbitrator
APPEARANCES: or the Union:
MICHAEL J. HERRON, UT Special Representative
or the Employer:
LUCY LEE, DOE Attomey
Pursuant 10 the procedure for expedited arbitration the
undersigned was appointed to hear and decide the grievance involved herein. A hearing was
held on May 5, 2015 at the American Arbitration Association, 120 Broadway, New York
Cay,ISSUE: Did the Department violate Articles 3, 6, 20, and Appendix A of the CBA when it
docked grievant for one day’s pay on September 3, 2013? Ifso, what shall be the remedy?
On September3,2013, the frst day of schol, professional day
‘With no stdents in atendance, Peter Zucker, teacher at. 154 inthe Bronx, was handed
a letter of reassignment shorty after he entered the building at 8:15 am. The letter advised
him that pending the 3020 charges filed aginst him, he was reassigned tothe Department
offices at 49-51 Chambers Siret in Manhattan structed to directly report there, he was
escorted out ofthe building at 10:30 am
He di not go to Chambers Steet. Mle went actos the street to
MeDonald’s and had 2 cup of coffee. He remained thee until school was over waiting for
a colleague with whom he came to school to drive him home.
‘The sum and substance of his explanation: I had no money for
the subway ido tel the principal orany administratorbecause I did't discover leftmy
wallet home until Iwas eutside. Having been escorted out of the building, 1 was too
humiliated and embarrassed to go back nt the bulng
Docked for the day, grievant secks to be paid for the two hours
and fifteen minutes he was in the school that moming. So let's see if we have this right
Grievant has no money for the subway. Luckily he has just enough money for coffee,
Presumably he also does not have a Metro Card, What about a cell phone? Call a relative, afriend, anyone, Pethaps the school office itself: Hey, help me out! I’m stuck out kere without
‘any money, Not to happen; he wiles away the hours in MeDonald’s,
‘Nottoputtoo fine a point ont, a slack jawed python would have
difficulty swallowing his story. The answer tothe issue posed is no and the grievance denied.
AWARD
‘The grievance is denied
Dated: May 11, 2015
KB, TILLEM, Arbitrator
STATE OF NEW YORK)
COUNTY OF NASSAU) 8S:
Onthe 11th day of May, 2015, before me personally came:and appeared JACK,
D. TILLEM, to me known and known to me to be the individual described herein and who
executed the foregoing instrument and he acknowledged (0 me that the same was executed
by him.