Failure to cooperate defeats allegations the union violated Civil Service Law §209-a [The Taylor Law] when it withdrew from representing the individual in a disciplinary proceeding

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Failure to cooperate defeats allegations the union violated CivilService Law §209-a [The Taylor Law] when it withdrew from representing theindividual in a disciplinary proceedingRonald Grassel and United Federation Of Teachers, Local 2,PERB Case U-29040
PERB Administrative Law Judge Blassman dismissed the chargewhich alleged that the United Federation of Teachers [UFT] violated §209-a.2(a)and (c) of the Act when it withdrew as Grassel’s representative in hisEducation Law §3020-a disciplinary proceeding.
The ALJ found that the UFT did not act arbitrarily,discriminatory or in bad faith when it withdrew as Grassel’s representative,the standard required for such violations.
The record showed that NYSUT, which was representing Grasselon behalf of the UFT, withdrew as Grassel’s representative because Grassel senta letter to the arbitrator in which he made various motions and requests to thearbitrator and refused to rescind that letter upon NYSUT’s request. The ALJfound that, by making motions and requests normally reserved for the assignedattorney, Grassel had failed to cooperate with NYSUT in his representation andhad impinged upon the negotiating representative’s rights under the Act to makelitigation and trial decisions.