Since the first filing of these charges, various reprisals have been taken against me and my classes, including the sabotage of equipment used in my classes and other job actions. This information is being presented for the College community to counteract the shadow campaign that appears to be in progress.

On March 1, 2004, I filed my first 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. To read the "Particulars of the Charge" filed, click here.

On July 30, 2004, I filed my second Improper Practice Charge against the UCE of FIT with PERB for breach of the Union's Duty of Fair Representation. To read the "Particulars and Background Items in Support of the Charge" filed, click here.

On November 17, 2004, at a PERB conference in Brooklyn, Administrative Law Judge Angela Blassman recommended that the two charges be consolidated into one for the formal hearing scheduled on November 29, 2004, before Administrative Law Judge Elena Cacavas.

Finally, on March 31, 2005, working with PERB's New York City Regional Director and author of The Taylor Law and the Duty of Fair Representation, Philip L. Maier, a settlement was reached between the UCE, FIT, and myself. In short, I won a revote in a new department chairperson election, which was set for November, 2005. Because it is exceedingly rare for a union member to win any "duty of fair representation" case against a union, given the wide latitude afforded unions in their actions under the Taylor Law in New York, this is considered a great victory. In fact, I consider it a victory for all members of the UCE.

Thus, in the matter of Raymond J. Noonan vs. United College Employees of F.I.T. and Fashion Institute of Technology (PERB case numbers U-24895 and U-25278), the agreement reads:

Stipulation of Settlement

In settlement of the above captioned matter, the parties hereby agree as follows:

1. The execution of this Stipulation shall not constitute the admission of the violation of any State, Federal or local statutes, laws, rules or regulations.

2. The parties agree that Ray Noonan may run for the office of department chairman in November, 2005. If successful in his candidacy, he would assume office in February, 2006.

3. The union recognizes that a union member may file an improper practice charge at PERB, and the fact that someone exercises this right should not prejudice you in considering his candidacy. A union representative shall make this statement at the November meeting.

4. The above charges are withdrawn with prejudice.

5. All parties agree to comply with their obligations under the Taylor Law, including the Duty of Fair Representation.

6. The parties agree that this Stipulation of Settlement is not admissible in any other proceeding or forum except to enforce the terms herein. The terms herein do not alter or modify the term of the CBA.

Signed by: Louie Nikolaidis, Attorney for Ray Noonan, Charging Party; Sherry B. Bokser, Attorney for UCE of FIT; and Brian J. Turoff, Attorney for Fashion Institute of Technology, Employer.

An interesting note was that the UCE requested that a "gag order" clause be included in the Stipulation of Settlement, which would have disallowed publication of this settlement or even speaking about the case, which we opposed. In support of the First Amendment, my attorney expressed his surprise that an academic union would even suggest this. I believe it is this kind of secrecy about Union activities that harms our membership and discredits unionism instead of empowering and protecting us.

Check back here for further developments.

Document Link Summary:
First PERB Charge, March 1, 2004
Second PERB Charge, July 30, 2004

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 April 16, 2005; Ver. 2
http://www3.fitnyc.edu/raymond_noonan/

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