On July 30, 2004, I filed my second Improper Practice Charge against the United College Employees of Fashion Institute of Technology (UCE of FIT) (American Federation of Teachers Local 3457) with the New York State Public Employment Relations Board (PERB) for breach of the Union's Duty of Fair Representation under the Taylor Law. The following are the "Particulars and Background Items in Support of the Charge" as amended and filed.

This page is intended to replace my previous page 3 filed on July 30, 2004. This page is filed under the Deficiency Notice of August 3, 2004, from PERB Assistant Director J. Albert Barsamian.

Item 5: Particulars and Background Items in Support of the Charge

Introduction: The following are specific items in support of my charge of improper practices, specifically, a continuation of breaches in the duty of fair representation by the United College Employees of Fashion Institute of Technology (UCE of FIT) (American Federation of Teachers Local 3457) under subsection 209-a.2(c) of the Public Employees’ Fair Employment Act. I believe these actions were arbitrary and discriminatory and taken against me in bad faith, both in consequence for having filed another charge with PERB and in support of other Union members who were unfairly receiving special treatment, protection, rights, and benefits that violated the UCE-FIT Collective Bargaining Agreement (CBA), because of improper motives: personal animosity against me and cronyism, i.e., their long-term personal friendship with the president of the Union.

1: March 31, 2004: In order to diminish my position as a faculty member of the Health and Physical Education Department at FIT, it is my belief that UCE President Lou Stollar released information to Mr. Raoul Nacinovich, a personal friend and retired faculty member of my Department, that I had filed an improper practice charge with PERB in order to influence the election for chair of the Department. This was arbitrary and discriminatory and has not been done to other people in similar situations. The basis for my belief is Mr. Nacinovich’s statements at the election meeting, which were tape recorded and noted in the minutes of the meeting; I had not informed anyone else about the filing. My charge was characterized by Mr. Nacinovich, acting on his own and some staff and faculty members’ behalf, as well as on behalf of the Union (as shown by the fact that the Union gave him the information), as harmful to the Department and our relationship with other parts of the College, including the Union, in an effort to garner support to vote against me as chair. Although information about a PERB filing is public information, I believe the timing, method, and effect of the Union releasing this information when and how it did further supports my previous charge that the Union used its official position of authority in an arbitrary and discriminatory way to unfairly influence an election to cause me to lose the position, which was clearly aimed against me, as there was no one else to chair the Department. As a result, faculty control of the Department was relinquished to the FIT Administration, which directly contradicts the Union’s stated position in favor of faculty authority in most other matters, in addition to costing me my position and income.

2: May 24, 2004: Mr. Ernie Dix, a staff member of the Department, reported to me that the Union was working with Vice President Cortez, “the Dean,” and others in the Administration to have me fired. I believe they were UCE President Lou Stollar and Executive Vice President Juliette Romano. He clearly indicated that he believed things would go back to the way they had been and that he would again receive special benefits contrary to the FIT-UCE CBA with their support, which is discriminatory, when the new chair took over in the Fall. Mr. Dix has since retaliated against me with the apparent bad-faith advice, encouragement, and support of these UCE officers, indicating that they had told him to take these job actions against me.

Requested Remedies to Make Whole: As the new improper actions resulted in my losing my position and part of my salary, I request the following: Reinstatement to position of Chair; or compensation for wages that will be lost if it is not done; or, at the least, a revote for chair in a fair meeting in which the Union states that I exercised my legal right to file an unfair labor practice with PERB and that it should not have been used against me; and reimbursement for union dues paid to NYSUT, who paid for the UCE’s lawyer, because I should not have to pay for their defense; and reimbursement for costs and time for me to address these unfair labor practices, as permitted by PERB when the violations have been persistent and pervasive. Otherwise, the Union should also be ordered to stop its unfair practices and harassment against me and not further retaliate against me in any other way.

Sworn deposition stating facts known to be true, except as to those matters alleged on information and belief, which matters are believed to be true, July 15, 2004; as amended, August 6, 2004.

Return to PERB Charge 1
Return to PERB Cases main page

Contact Information:
Raymond J. Noonan, Ph.D.
Assistant Professor and Former Chairperson
Health and Physical Education Department
27th Street and 7th Avenue, AX13
New York, NY 10001
212.217.7460
Raymond_Noonan@fitnyc.edu

First published on the Web on November 21, 2004
Last updated on March 26, 2005; Ver. 1a
http://www3.fitnyc.edu/raymond_noonan/

Disclaimer: "The contents of these pages have not been reviewed or approved by FIT."