The city's Department of Education has agreed to halt hiring decisions at 24 schools scheduled to be closed and reopened this summer, until a judge considers a request by the teachers' and principals' unions for a temporary restraining order on the plan.
The unions say the city would be violating their contracts by carrying out its "turnaround" plan for the schools, which includes replacing staff members. On Monday the unions filed a joint request for an injunction to provide time for an arbitrator to rule on the contractual matters.
Judge Joan B. Lobis of State Supreme Court in Manhattan on Tuesday set a hearing date of May 16 for the injunction request.
Education Department officials said the agreement not to make hiring decisions would not slow their staffing plans for the 24 schools, because jobs for new teachers had not yet been posted.
The city argues that the department is within its contractual rights to release teachers and have them reapply for their jobs.
The following e-mail was sent Tuesday afternoon by the United Federation of Teachers and the Council of School Supervisors and Administrators. Education Department officials confirmed that the information was accurate.
The Department of Education agreed in court today that no decisions on personnel would be made in the 24 schools at issue until the court holds a hearing May 16, 2012 on the UFT/CSA request for an injunction.
A transcript of the stipulation is below:
Supreme Court of the State Of New York
County of New York
Index # 600002/2012
May 8, 2012
Michael Mulgrew et al.
Board of Education et al.
It is hereby stipulated and agreed by and between the below-named attorney(s) as follows:
Parties agree to the following briefing schedule:
1) Respondents serve response to petition May 11, 2012;
2) Petitioners respond May 15 (close-of-business);
3) Oral argument May 16, 2012 at 3:00 p.m.
Parties agree that pending oral argument May 16, 2012, Respondents (or any member of an 18D committee) will not make or further communicate any hiring decisions in connection with the 24 subject schools, except as provided below.
This includes any decision or communication that any employee represented by UFT or CSA has been excessed or hired.
As to a May 7, 2012 letter, Respondents will use best efforts to ensure no dissemination.
As to John Adams H.S., Respondents may name a proposed new leader for purposes of the 18D committee only.
Judge Joan B. Lobis
Attorneys for Plaintiff
Attorneys for Defendant