And this particular case comes after the installation of a peer-review program designed to streamline the process:
This was the thirtieth day of a hearing that started last December. Under the union contract, hearings on each case are held five days a month during the school year and two days a month during the summer. Mohammed’s case is likely to take between forty and forty-five hearing days—eight times as long as the average criminal trial in the United States. (The Department of Education’s spotty records suggest that incompetency hearings before the introduction of P.I.P. Plus generally took twenty to thirty days; the addition of the peer observer’s testimony and report seems to have slowed things down.) Jay Siegel, the arbitrator in Mohammed’s case, who has thirty days to write a decision, estimates that he will exceed his deadline, because of what he says is the amount of evidence under consideration. This means that Mohammed’s case is not likely to be decided before December, a year after it began. That is about fifty per cent more time, from start to finish, than the O.J. trial took.
The section goes on and on, and that’s the point:
While the lawyers argued in measured tones, Mohammed—a slender, polite woman who appeared to be in her early forties—sat silently in one of six chairs bunched around a small conference table. The morning’s proceedings focussed first on a medical excuse that Mohammed produced for not showing up at the previous day’s hearing. Dennis DaCosta, an earnest young lawyer from the Teacher Performance Unit, pointed out that the doctor’s letter was eleven days old and therefore had nothing to do with her supposedly being sick the day before. The letter referred to a chronic condition, Antonio Cavallaro, Mohammed’s union-paid defense counsel, replied. Siegel said that he would reserve judgment.
Brill also catches the union misrepresenting on its Web site the story of another Rubber Roomer, who had supposedly been vindicated by this tortuous arbitration system.
The account quotes a speech that Adams [a pseudonym for the teacher] made to union delegates; according to the Web site, she received a standing ovation as she declared, “My case should never have been brought to a hearing.” The Web site account continues, “Though she believes she was the victim of an effort to move senior teachers out of the system, the due process tenure system worked in her case.”
It turns to have been fiction. The teacher had been found passed out drunk in a class of 34 students in 2005 and had returned only under a sealed agreement that allowed her to teach for one more semester then be assigned non-teaching duties. In February, she flunked an alcohol test and was fired.
The union here looks bad:
Randi Weingarten, the president of the U.F.T. until this month (she is now the president of the union’s national parent organization), said in July that the Web site “should have been updated,” adding, “Mea culpa.” The Web site’s story saying that Adams believed she was the “victim of an effort to move senior teachers out” was still there as of mid-August. Ron Davis, a spokesman for the U.F.T., told me that he was unable to contact Adams, after what he said were repeated attempts, to ask if she would be available for comment.
It gets worse:
In late August, I reached Adams, and she told me that no one from the union had tried to contact her for me, and that she was “shocked” by the account of her story on the U.F.T. Web site. “My case had nothing to do with seniority,” she said. “It was about a medical issue, and I sabotaged the whole thing by relapsing.” Adams, whose case was handled by a union lawyer, said that, last year, when a U.F.T. newsletter described her as the victim of a seniority purge, she was embarrassed and demanded that the union correct it. She added, “But I never knew about this Web-site article, and certainly never authorized it. The union has its own agenda.” The next morning, Adams told me she had insisted that the union remove the article immediately; it was removed later that day. Adams, who says that she is now sober and starting a school for recovering teen-age substance abusers, asked that her real name not be used.
One could call this gotcha-ism, but the union here was gotten fair and square.