Alexandria, Va. (December 14, 2010) - A ruling against a public employer in a case before the U.S. Supreme Court could subject school districts to more lawsuits and grievances from school employees.
The National School Boards Association (NSBA) is asking the Supreme Court to overturn a decision by the 3rd U.S. Circuit Court of Appeals in Duryea v. Guarnieri. NSBA argues in an amicus brief that public employees should not be allowed to sue their public employers under the First Amendment’s Petition Clause when they have “petitioned” the government by filing employment grievances.
The case was brought by a police chief who was fired by the Duryea (Pa.) Borough Council. The police chief claimed his First Amendment rights were violated when the borough retaliated against him as a result of his successful appeal of the dismissal through the borough’s grievance process. The case is particularly relevant to school districts, collectively the largest employers in the country, where the internal grievance process is a common way of resolving employment disputes. A ruling for the employee could undermine existing protections created through state law, collective bargaining agreements, and school district policies.
“School employees have ample protections against retaliation,” said NSBA’s Executive Director Anne L. Bryant. “More lawsuits against schools districts are unnecessary and potentially disruptive, draining resources, and funds that should be spent in the classroom.”
NSBA also argues that the high court has properly drawn the line in prior rulings in which it concluded that public employees are only protected under the First Amendment for speech that is a matter of public concern, noting in the brief that “this distinction is critical to the ability of public schools to make employment decisions that further their educational mission to provide students with a safe learning environment conducive to acquiring the knowledge and skills they need to become productive, responsible citizens.”
“We hope the Court will adhere to its own precedent and again refuse to constitutionalize the employment grievance,” said NSBA’s General Counsel Francisco M. Negrón, Jr.
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Founded in 1940, the National School Boards Association (NSBA) is a not-for-profit organization representing state associations of school boards and their more than 90,000 local school board members throughout the U.S. Working with and through our state associations, NSBA advocates for equity and excellence in public education through school board leadership. www.nsba.org
Amicus Brief:
http://www.nsba.org/MainMenu/SchoolLaw/AmicusBriefs/Borough-of-Duryea-v-Guarnieri.aspx