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April 25, 2008
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Others Can't Handle Duties
School Secretaries Win Job Grievance


By MICHELLE FRIEDMAN

An arbitrator has barred the Department of Education from assigning the duties of School Secretaries to workers in other job titles.

RANDI WEINGARTEN: 'A major victory.'
A successful United Federation of Teachers grievance on behalf of its School Secretary chapter claimed that out-of-license school personnel were performing secretarial duties - including typing letters, ordering supplies and handling student and Teacher files - that under Special Circular 31 are to be performed only by licensed secretaries.

The arbitrator "ordered the DOE to immediately cease and desist from using out-of-license personnel to perform secretarial duties, and retained jurisdiction to ensure that his decision was correctly implemented," UFT President Randi Weingarten and Chapter Chairperson Jackie Ervolina stated in a recent letter to their members.

Contract Violations

The DOE violated Article 5 of the School Secretaries' collective bargaining agreement that states "all [secretarial] positions will be filled by persons holding such regular licenses." The DOE also violated Article 15 by failing to uphold the clause stating that "the Board agrees it will make no changes without prior consultation and negotiation with the Union," the ruling stated.

Arbitrator Arthur A. Riegel's decision was influenced by a UFT-conducted survey which found that in a minimum of 141 schools, personnel not licensed as School Secretaries were performing duties that, in the union's view, should have been assigned to secretaries. Both sides stipulated to the accuracy of the survey.

"These duties are not the exclusive province of secretaries," contended the DOE in its case.

The UFT called the ruling a "major victory," thanking the "dozens of school secretaries who were willing to come forward so the Union could make the arbitration aware of more than 300 instances in which school aides, school business managers, parent coordinators and family paras were being given work to do." The union asked members to continue to report "any instances in which Principals or other personnel are not complying with the arbitrator's award."
 


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