In the Matter of Helen Hickey; In the Matter of Rachel Cohn
Annotate this CasePetitioners, two tenured teachers in the New York City School system, commenced Article 78 proceedings against the Board of Education for orders compelling respondent to expunge "letters of reprimand" from their personnel files for failure to follow Education Law 3020-a procedures. Respondent contended that the letters were properly placed in petitioners' files because, pursuant to the 2007-2009 Collective Bargaining Agreement ("CBA"), petitioners' union waived the section 3020-1 procedures with respect to the placement of letters of reprimand in tenured teacher's files and agreed to replace them with a different procedure described in Article 21A. The court found that there was ample basis to conclude that the union knowingly waived the procedural rights granted in section 3020-a and held that, because the letters at issue were not subject to section 3020-a procedures, petitioners were not entitled to have them expunged.
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