Are teachers who park their cars in legal spots near their school as part of informational picketing and thereby cause students to be dropped off in the street engaged in protected 1st Amendment activity?

No. We have visited this case last year when the Appellate Division reversed the ruling of the Supreme Court in a case coming from the East Meadow school district. As you may recall members of the East Meadow Teachers Association decided to form an informational picket line by parking their cars in legal spots near Woodland Middle School in such a way that pedestrians could only pass to the school’s sidewalk through curb cuts. The parking area was not restricted but had been customarily used as a drop-off area for parents bringing their children to school. The protest caused traffic congestion and students were dropped off by their parents in the middle of the street.

Writing for the majority of the Court of Appeals Judge Abdus-Salaam found that while the teachers’ First Amendment rights were implicated, safety concerns for the students outweighed these rights and permitted the arbitrators to discipline the teachers pursuant to 3020-a.

A strong dissent, written by Judge Rivera, argued that the majority engaged in improper fact finding an improperly weighed the alleged disruption and safety concerns.

In the Matter of Richard Santer, Respondent, v Board of Education of East Meadow Union Free School District, Appellant. In the Matter of Barbara Lucia, Respondent, v Board of Education of East Meadow Union Free School District, Appellant, No. 51, No. 52, COURT OF APPEALS OF NEW YORK, 2014 N.Y. LEXIS 997; 2014 NY Slip Op 3189; 199, L.R.R.M. 3291, May 6, 2014

Must a grievant stick to the strict time limits for arbitration in the CBA to preserve their right to arbitrate?

No. Most collective bargaining agreements contain time limits to bring grievances up to and including arbitration and generally have provisions which require that all disputes governing the interpretation of the collective bargaining agreement be resolved by arbitration.

In Rondout Valleya case recently decided by the Appellate Division, Third Department, a teachers’ union sought arbitration on a series of grievances which the school district claimed were untimely. The school district, rather than submitting the matter to an arbitrator to decide timeliness, went to Supreme Court and obtained a stay of arbitration based on the Court’s determination that the arbitration requests were late.

The Third Department reversed the lower court finding, “Where a collective bargaining agreement contains a broad arbitration clause, the question of whether a party has complied with the procedural requirements of the grievance process — such as time limitations — is to be resolved by an arbitrator absent “a provision expressly making compliance with the time limitations a condition precedent to arbitration” (citations omitted).

In the Matter of the Arbitration between BOARD OF EDUCATION OF THE RONDOUT VALLEY CENTRAL SCHOOL DISTRICT, Respondent, and RONDOUT VALLEY FEDERATION OF TEACHERS, Appellant, et al., Respondent. 514914, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, 2012 N.Y. App. Div. LEXIS 8789; 2012 NY Slip Op 8862, December 20, 2012, Decided.