Ms. Rhee's legal layoffs

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Wednesday, November 25, 2009

THE DECISION by a D.C. Superior Court judge to uphold D.C. Schools Chancellor Michelle A. Rhee's dismissal of 388 school employees is more than an important legal victory. It is a refutation of accusations that she manufactured a budget crisis as pretext to fire teachers she didn't want. The unequivocal findings should abash Ms. Rhee's critics and, we hope, help her reach needed accord with the teachers' union.

Judge Judith Bartnoff on Tuesday issued a 23-page decision rejecting a bid by the Washington Teachers' Union to reinstate 266 teachers and other staff members laid off on Oct. 2. The judge ruled that the union failed to prove any of its arguments. She also accepted -- without qualification -- Ms. Rhee's contention that budget cuts by the D.C. Council forced the reduction in force. The judge chronicled the events leading up to the layoffs and concluded there was "undisputed evidence" that the schools budget was sufficient to support existing staff members and newly hired teachers "until the Council reduced the budget by $21 million only two weeks before the new teachers were scheduled to report."

Equally significant was the judge's rejection of the union's claim that the dismissals are subject to arbitration under the city's collective bargaining agreement with the teachers' union. In essence, the judge told the union it could try to fight the layoffs through arbitration but that it would lose. Attorney General Peter J. Nickles correctly termed the decision a "slam-dunk" for the city.

It should not, however, be an occasion for gloating. The layoffs, while necessary, were disruptive -- to the affected schools as well as to the individuals who lost jobs. Now is the time for those who care about the schools to focus on the future. Foremost is for Ms. Rhee and union officials to resolve their differences over the teachers' contract. Negotiations have dragged on for more than two years. Mediation by an outside facilitator has yet to produce results. Union officials who are mulling whether to appeal Judge Bartnoff's ruling would do better to try to reach accommodations that serve their members at the bargaining table. Likewise, Ms. Rhee now has the opportunity to show her willingness to collaborate.

Finally, we hope there is some soul-searching on the part of D.C. Council members who wrongly assailed Ms. Rhee's integrity. They would serve the city better if they joined with her in trying to improve the schools.


© 2009 The Washington Post Company

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