The United States Supreme Court has declined to hear a case brought by a teacher against a Catholic teachers union. The teacher claims that the union failed to properly represent him during an arbitration after he was suspended from his job. The decision will allow an appeals court judgment favorable to the union to be upheld.
The Christian Post reported that the decision to reject to hear arguments in the case of Jusino Ramon v. Union of Catholic Teachers, Inc. was published in an orders list made public on Monday morning. The high court did not provide any explanation as to why the appeal was not granted.
Jusino Ramon v. Federation of Catholic Teachers Case
According to Casetext, Donnelly, J. dismissed the duty-of-fair-representation claim with prejudice for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), reasoning that the National Labor Relations Act of 1935 (NLRA) and Labor Management Relations Act (LBRA) are inapplicable to disputes between parochial-school teachers and their labor unions. Following that, the district court did not exercise its additional jurisdiction over the claims based on state and municipal law, and it rejected such claims without any presumption of wrongdoing.
It started when Ramon K. Jusino filed a lawsuit against the Federation of Catholic Teachers (FCT) for allegedly breaching the duty of fair representation that it owed to its employees following the National Labor Relations Act of 1935, which was revised in pertinent part by section 301 of the Taft-Hartley Act of 1947 after he asked the FCT to raise new charges of discrimination and retaliation during the arbitration, but the FCT declined.
As mentioned, Ramon was removed from his tenured position as a theology instructor at Notre Dame School, a Roman Catholic high school in Staten Island, after delivering a controversial lecture on racism and human guilt.
The FCT, Jusino's labor union, filed a formal grievance on his behalf and initiated arbitration proceedings against Notre Dame, claiming that his suspension was a breach of the applicable collective bargaining agreement. These actions were taken because the Federation of Catholic Teachers believed that Jusino's suspension violated the terms of the agreement.
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Ramon Files Lawsuit Against Notre Dame Academy
Silive.com reported that Ramon Jusino, a longstanding theology instructor at Notre Dame Academy, is battling for his job after the school abruptly suspended him for disclosing a racially heated event that occurred in his classroom in 2018. He claimed he was suspended without pay after reporting on May 31 that a white student made multiple insulting remarks about black people during a classroom discussion, according to a civil complaint filed in federal court in Brooklyn.
Ramon sued Notre Dame and the Archdioceses for sex, age, and racial discrimination. The complaint indicates that Jusino wants his job back and seeks $300,000 in damages. He stated that he had greatly invested in his position and hoped the school could reach a mutually agreeable resolution.
Moreover, the white student allegedly stated that there was no white privilege and disliked that her taxes supported people who sat on couches all day and did nothing. The instructor deemed the girl's remarks inappropriate and disrespectful and chastised her. According to Jusino, he reported the event to school administrators, but the institution allegedly disregarded an investigation.
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