IERLB issues complaint in CTU delegate retaliation case... Manny Bermudez was laid off as Juarez High School delegate in retaliation for his union work... Bermudez finally gets Illinois State support...
The Illinois Education Labor Relations Board has issued a complaint (Bermudez vs CBOE, 14-CA-0074-C) and notice for a hearing in the case of Manny Bermudez. Bermudez, the CTU Delegate from Benito Juarez High School, was laid off in retaliation for his union activity and whistle-blowing. The date of the hearing is January 13, 2015, at 9:30 am 160 North LaSalle Street, Suite S-501.
Benito Juarez High School Chicago Teachers Unioin delegate Manny Bermudez holds up papers documenting one Juarez teacher's allegations of altered student attendance. Bermudez, who came forward with his claim in May 2014, has since been laid off from Juarez. The high school is currently being investigated by the CPS inspector general and through an Unfair Labor Practice complaint that will be heard in January 2015. During his time as delegate for the CTU members at Juarez, Manny filed multiple grievances for wage theft, grade tampering, attendance rigging and safety concerns.
In one case that won in arbitration employees at Juarez were given over $40,000 in back pay of extra-curricular pay they were denied [Arbitrator Peter Meyers (Case # 12-04-062(jk)]. In addition to contractual violations there is an open Office Inspector General investigation into grade tampering and attendance fraud.
The basis for the Unfair Labor Practice is Manny’s erroneous layoff as the only Spanish speaking introductory computer teacher for a 94.5% Hispanic High School in the Pilsen neighborhood. He was “laid off” despite his tenure, seniority status and certifications at the school. The complete complaint and notice of hearing is below and documents some serious charges against the Chicago Board of Education in this matter.
STATE OF ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
Manuel Bermudez, Complainant
Chicago Board of Education, Respondent
Case No. 2014-CA-0074-C
COMPLAINT AND NOTICE OF HEARING. Complainant, Manuel Bermudez, filed an unfair labor practice charge with the Illinois Educational Labor Relations Board (IELRB or Board) in the above-captioned case, alleging that Respondent, Chicago Board of Education, violated Section 14(a) of the Illinois Educational Labor Relations Act (Act), 115 ILCS 511, n seq. (2012), as amended. After an investigation conducted in accordance with Section 15 of the Act, the Executive Director determined that the charge involves dispositive issues of law or fact and issues this complaint for hearing, pursuant to the Act and Section 1120.30 of the IELRB's Rules and Regulations (Rules), 80 Ill. Admin. Code §§1100-1135.
Complainant alleges as follows:
1 Complainant filed the unfair labor practice charge in this proceeding on May 9, 2014. and a copy thereof was served on Respondent.
2 At all times material. Chicago Board of Education (CBE) was an educational employer within the meaning of Section 2(a) of the Act and subject to the jurisdiction of the Board.
3 At all times material, Chicago Teachers Union, Local No. 1, IFT/AFT, AFL-CIO (Union), was a labor organization within the meaning of Section 2(c) of the Act.
4 At all times material, the Union was an exclusive representative within the meaning of Section 2(d) of the Act, of a bargaining unit comprised of certain persons employed by the CBE.
5 At all times material, the Union and the CBE were parties to a collective bargaining agreement (CBA) for the unit referenced in paragraph 4. 6 At all times material, Respondent employed Manuel Bermudez in the job title or classification of Teacher, at its Benito Juarez Academy.
7 At all times material, Bermudez was an educational employee within the meaning of Section 2(b) of the Act,
8 At all times material, Bermudez was a member of the unit referenced in paragraph 4.
9 At all times material, Bermudez publicly supported and openly assisted the Union.
10 Bermudez' conduct, as described in paragraph 9, is activity protected by the Act.
11 At all times material, Bermudez served as a Union delegate at Benito Juarez Academy.
12 Bermudez' conduct, as described in paragraph 11, is activity protected by the Act.
13 At all times material, Respondent employed Juan Carlos Ocon in the job title or classification of Principal.
14 At all times material, Ocon was an agent of Respondent, authorized to act on its behalf.
15 In his capacity as Union delegate, between 2011 and 2014, Bermudez filed and pursued numerous grievances against the CBE, on behalf of employees in the unit referenced in paragraph 16 Bermudez' conduct, as described in paragraph 15, is activity protected by the Act.
17 On or about January 22, 2014, the Union, at Bermudez' behest, and with his assistance, filed a grievance contending that Ocon violated the CBA in that he pressured teachers to alter students' grades.
18 Bermudez’ conduct, as described in paragraph 17, is activity protected by the Act.
19 On or about March 19, 2014, the Union at Bermudez' behest, and with his assistance, filed a grievance contending that Ocon violated the CBA in that he retaliated against teachers on Juarez' Professional Problems Committee.
20 Bermudez' conduct, as described in paragraph 19, is activity protected by the Act.
21 On or about April 2, 2014, the Union, at Bermudez' behest, and with his assistance, filed a grievance contending that Ocon violated the CBA in that he created a hostile work environment for Union members.
22 Bermudez' conduct, as described in paragraph 21, IS activity protected by the Act.
23 On or about May 6, 2014, Bermudez, in his role as Union delegate, publicly alleged, to a news agency, that Ocon pressured teachers at Benito Juarez Academy to alter student attendance records and grades.
24 Bermudez' conduct, as described in paragraph 23, is activity protected by the Act.
25 On or about June 9, 2014, Bermudez, in his role as Union delegate, formally notified Respondent's Chief Executive Officer Barbara Byrd-Bennett that Ocon had pressured teachers at Juarez to alter student attendance records and grades.
26 Bermudez' conduct, as described in paragraph 25, is activity protected by the Act.
27 On or about June 26, 2014, Respondent terminated Bermuda's employment.
28 Respondent took the action described in paragraph 27, in retaliation for Bermudez' actions referenced m paragraphs 9, 11, 15, 17, 19, 21, 23, and 25.
29 By its acts and conduct as described in paragraph 28, Respondent violated Section 14(a)(l) of the Act.
30 Respondent took the action described in paragraph 27 because of Bermudez' actions referenced in paragraphs 9, 11, 15, 17, 19, 21, 23, and 25.
31 Respondent took the action described in paragraph 27, in order to discourage support for the Union by members of the unit referenced in paragraph 4.
32 By its acts and conduct as described in paragraphs 30 and 31, Respondent violated Section 14(a)(3) and (1) of the Act.
WHEREFORE, Complainant requests that the IELRB grant any and all relief it finds appropriate In accordance with Section 15 of the Act, including backpay with interest at seven percent per annum.
RESPONDENT IS HEREBY NOTIFIED that pursuant to Section 1120.30(d) of the Rules, it must file copies of its answer to the complaint with the IELRB and serve a copy on Complainant no later than 15 days after service hereof, and that pursuant to Section 1120.30(d)(3) of the Rules, failure to timely file an answer shall be deemed to be an admission of all material facts or legal conclusions allowed in the complaint and a waiver of hearing. The filing of any motion or other pleading will not stay the time for filing an answer.
ALL PARTIES ARE HEREBY NOTIFIED that a hearing will be held at 9:30 a.m. on January 13, 2015, and on consecutive business days thereafter, until completed, at 160 North LaSalle Street, Suite S-501, Chicago, Illinois, before Ellen M. Strizak an administrative law Judge for the Illinois Educational Labor Relations Board, upon all disputed issues, at which time and place Complainant has the obligation to present all evidence in support of its positions, and all parties have the right to appear in person and provide testimony, other evidence, and oral and written arguments. The public hearing will be conducted pursuant to Section 15 of the Act, and Sections 1100, 1105 Subpart B, and 1120 of the Rules. As part of its case processing, the agency provides for mediation of the dispute underlying the unfair labor practice charge, prior to hearing. In this case, mediation must be completed prior to January 7, 2015. The Board mediator assigned to this matter will contact the parties to arrange the mediation session.
Issued in Chicago, Illinois, this 24th day of November, 2014.
STATE OF ILLINOIS
EDUCATIONAL LABOR RELATIONS BOARD
Victor E. Blackwell Executive Director /signed/
Illinois Education Labor Relations Board
160 North LaSalle Street, Suite N-400, Chicago, Illinois 60601-3103, Telephone: 312.793.3170
One Natural Resources Way, Springfield. Illinois 62702, Telephone: 217.782.9068
By: Brian Galaviz
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