Oparaji v. United Federation of Teachers

418 F. Supp. 2d 139, 2006 U.S. Dist. LEXIS 7102, 2006 WL 445956
CourtDistrict Court, E.D. New York
DecidedFebruary 24, 2006
Docket03 CV 3927(NG)(VVP)
StatusPublished
Cited by8 cases

This text of 418 F. Supp. 2d 139 (Oparaji v. United Federation of Teachers) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oparaji v. United Federation of Teachers, 418 F. Supp. 2d 139, 2006 U.S. Dist. LEXIS 7102, 2006 WL 445956 (E.D.N.Y. 2006).

Opinion

OPINION AND ORDER

GERSHON, District Judge.

In this action alleging employment discrimination and various state law torts, defendants move for summary judgment. For the reasons set forth below, defendants’ motion is granted with respect to plaintiffs federal claims of employment discrimination. The court declines to exercise supplemental jurisdiction over plaintiffs state law claims and they are dismissed without prejudice.

FACTS

This action is one of four related cases filed by plaintiff alleging that he suffered *141 unlawful discrimination during a probationary period of employment in the New York City school system. The history of these cases is set forth at some length in the court’s decision in Oparaji v. New York City Dept. of Education, — F.Supp.2d -, 2005 WL 1398072 (E.D.N.Y.2005) (“Oparaji III”). Here, the court discusses only the facts that are relevant to the instant motion.

Unless otherwise noted, the following facts are not in dispute:

Plaintiff, a New York State certified teacher, is a native of Nigeria and a naturalized citizen of the United States. Defendant United Federation of Teachers (the “UFT” or the “Union”), a labor union, is certified by the New York State Public Employment Relations Board (“PERB”) pursuant to the provisions of the Taylor Law, N.Y. Civ. Serv. Law Art. 14, as the exclusive bargaining representative of certain employees of the New York City Department of Education (the “Dept, of Education”), formerly known as the Board of Education, including teachers. At all times relevant to this case, plaintiff was employed by the Dept, of Education as a probationary (i.e., non-tenured) teacher at Springfield Gardens High School (“Springfield Gardens”). As such, he was represented by the UFT for the purposes of collective bargaining and subject to the terms of the collective bargaining agreement (the “Collective Bargaining Agreement”) between the UFT and the Dept, of Education that became effective on October 16, 1995. His union representative at Springfield Gardens was defendant Stuart Cohen.

Disciplinary and Grievance Procedures under the Collective Bargaining Agreement

Article Twenty One of the Collective Bargaining Agreement, entitled “Due Process and Review Procedures,” provides, inter alia, that no derogatory material may be placed in a teacher’s official personnel file unless the teacher has had an opportunity to review it and that material must be removed from the file when a teacher’s claim that it is inaccurate or unfair is sustained. It further provides that a teacher summoned by the principal to a conference that may lead to disciplinary action is entitled to be accompanied, at the teacher’s option, by the teacher’s union representative and that probationary teachers rated as unsatisfactory and/or recommended for discontinuance are entitled to appeal pursuant to procedures set forth in the Dept, of Education’s bylaws.

Article Twenty Two of the Collective Bargaining Agreement, entitled “Grievance Procedure,” defines the term “grievance,” in relevant part, as follows:

A “grievance” shall mean a complaint by an employee in the bargaining unit (1) that there has been as to him a violation, misinterpretation or inequitable application of any of the provisions of this Agreement or (2) that he has been treated unfairly or inequitably by reason of any act or condition which is contrary to established policy or practice governing or affecting employees.

Collective Bargaining Agreement at 135. It then sets forth a procedure for the presentation and adjustment of grievances that is divided into three steps. “Step 1” entails review by the principal; “Step 2” entails review by the local school board or assistant superintendent; “Step 3” entails review by the chancellor. To initiate Step 1, the grievant must notify the principal of his or her school either orally or in writing of the grievance. The appendix to the Collective Bargaining Agreement contains a “Step 1 Grievance Form” that employees may use for presenting grievances, but “failure to use the form will not result in *142 forfeiture of the grievance.” Id. at 136. After receiving a grievance, the principal must hold a conference with the grievant and issue a decision within five days. “At the conference, the employee may appear personally or he may be represented by a Union representative or by any teacher of his choice in the school; but where the employee is represented he must be present.” Id. If the grievance is made in writing, then the principal’s decision must be made in writing. If the grievant is not satisfied with the outcome of Step 1, then he or she may proceed to Step 2 within three school days after he or she has received the decision of the principal.

Article Twenty Two further provides that “[cjonferenees held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend,” that “[fjailure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step,” that “[fjailure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at the step,” and that “[tjhe time limits specified in any step of this procedure may be extended, in any specific instance, by mutual agreement.” Id. at 142.

Grievances Dated October 19, 2000

On October 17, 2000, plaintiff asked Mr. Cohen to assist him in filing two griev-anees. The first concerned a letter that was placed in plaintiffs personnel file by the principal of Springfield Gardens, documenting steps taken by the school to investigate allegations by one of plaintiffs students that she was pushed by plaintiff. The second grievance concerned the number of work stations in plaintiffs classroom, which plaintiff considered to be inadequate. Mr. Cohen filled out two Step 1 Grievance Forms, which plaintiff signed on October 19, 2000. The next day, Mr. Cohen delivered them to the principal’s office. 1 The principal scheduled a hearing on both grievances for October 23, 2000. Plaintiff, however, went out on sick leave on October 20, 2000 and remained out until January 2, 2001. He did not appear for the hearing on October 23, 2000.

Materials Sent to Plaintiff While on Sick Leave

On December 5, 2000, while plaintiff was on sick leave, the principal sent plaintiff a packet of materials that included the following documents: a letter from the principal dated October 16, 2000, a copy of which was placed in plaintiffs personnel file, concerning allegations that plaintiff had threatened to place a curse on certain students; an observation report dated October 11, 2000 in which plaintiffs lesson was rated unsatisfactory by the assistant principal responsible for plaintiffs department; and a letter from the principal dated December 5, 2000 indicating that plaintiff had an unsatisfactory attendance record.

*143

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Bluebook (online)
418 F. Supp. 2d 139, 2006 U.S. Dist. LEXIS 7102, 2006 WL 445956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oparaji-v-united-federation-of-teachers-nyed-2006.