Judge Orders Temporary Stay of School Aide Layoffs

Action came in response to petition by District Council 37 and NYC Board of Education Employees Local 372

On Monday, October 19, 530 Department of Education School Aides will be reporting to their jobs as usual thanks to an October 15th Temporary Restraining Order issued by New York State Supreme Court Judge Carol Edmead in response to a petition by District Council 37 and NYC Board of Education Employees Local 372.

Today an appellate court refused to grant the City of New York an emergency overturn of Judge Edmead's order.

In her temporary restraining order, issued on October 15, 2009, Judge Carol Edmead stated, "This Court considered it important that before some of the most vulnerable employees in the New York City school system lose their jobs, in the midst of the worst economy we have seen in decades, the Court ensure that bad faith played no part in the DOE's determination to lay off approximately 500 school aides, and that such layoffs did not violate, inter alia, the New York State Constitution and Education Law."

Judge Edmead also noted the unions' argument that the fact that the layoffs were concentrated in schools in poorer areas, where parents could not hire supplemental aides as they have done in wealthier areas "does not promote fiscal and educational equity for students in New York City." She ordered parties to appear before her on October 26, 2009 for a hearing on a permanent injunction against the school aide layoffs.

Veronica Montgomery-Costa, President of Local 372 of District Council 37, says, "Our union is outraged that these long time, permanent workers who play such a critical role in the education of our children were faced with losing their jobs. It's ridiculous that the DOE would even be considering laying off these workers. They served the DOE diligently by protecting our kids and providing vital services. These layoffs would have a devastating impact on the entire school system. Our union is determined to do everything we can to stop them."

DC 37 Executive Director Lillian Roberts said, "It's a shame that the DOE would consider laying off school support staff who are among its lowest paid workers and who protect children in some of the city's poorest communities. What are they thinking? Also, the fact that these layoffs come at a time when the DOE continues to squander millions in taxpayers' dollars on no-bid contracts with private companies and consultants makes these layoffs even more heartless. Many of these contracts go to companies outside the city. It's a shame that the administration continues to thumb its nose at the Civil Service system's rules and regulations."

The union was represented by Meaghean Murphy of the District Council 37 General Counsel's Office.

District Council 37 is New York City's largest public employee union, with 125,000 members and 50,000 retirees.