Wrongful Termination Case
Rule Private School Had Anti-UFT Bias

By MEREDITH KOLODNER

A judge has ordered back pay for a school administrator, ruling that she was improperly fired for refusing to get rid of two union leaders.

Linda Cooperman was discharged last August from the Lorge School in Manhattan, a publicly-funded private school for disabled children. Administrative Law Judge Raymond P. Green ruled that the school's executive director fired Ms. Cooperman after she made it clear that she would not create a "hostile work environment" that would force the school's chapter leader and delegate to resign. The school staff is represented by the United Federation of Teachers.

Wouldn't Harass Them

Ms. Cooperman is entitled to back pay from the day of her dismissal, Aug. 1, 2006, until the day she found comparable employment. ALJ Green also said that the executive director, Deborah Kasner, could fulfill the terms of his ruling by reinstating Ms. Cooperman to her prior position as Instructional Supervisor or as a Teacher at the school, but at her former salary.

The judge believed Ms. Cooperman's testimony that Ms. Kasner directed her to take measures to push out school chapter leader Chris Piccigallo and union delegate James Rouse.

In late July 2006, Ms. Cooperman said that Ms. Kasner told her, "I want you to make it difficult for James and Chris to stay here." When she asked if that meant creating a hostile work environment, Ms. Kasner reportedly answered yes. When Ms. Cooperman replied that she could not do that, Ms. Kasner told her she needed to be a "team player."

Ms. Kasner denied this version of events and further testified that she never was annoyed with how the two men handled contract grievances.

'They Have to Go'

Ms. Cooperman said that at a July 28 meeting, another administrator argued that the union reps had "caused a lot of problems at the school, and they really have to go."

On Aug. 1 another administrative meeting reportedly was held where "getting rid" of Mr. Piccigallo and Mr. Rouse was a topic of conversation and Ms. Cooperman was admonished for not following the school leadership's approach to the union reps. A consultant to the school's Board of Trustees said that the two union leaders were liabilities because of the trouble and legal expenses they had caused for the school, according to Ms. Cooperman. Later that day, Ms. Cooperman was fired.

The administrators denied that the conversations reported by Ms. Cooperman occurred at the July and August meetings, although the consultant testified that at an earlier meeting, she remembered Ms. Cooperman saying that she didn't want to be put in the position of creating a hostile work environment for Mr. Rouse.

In his decision, Judge Greene stated that he believed Ms. Cooperman because her "testimony was detailed, consistent and straightforward" and because it was backed up by witnesses. He also wrote that he was "favorably impressed with her testimony on demeanor grounds."