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Decision No. 13,354

Appeal of STEVEN E. SHOVERS from action of Raymond Martinez, Principal of Sarah J. Hale High School, and Noel N. Kriftcher, Superintendent of Brooklyn and Staten Island High Schools and the Board of Education of the City School District of the City of New York regarding termination of employment.

Decision No. 13,354

(February 6, 1995)

Lawrence E. Becker, Esq., attorney for respondents, Katie R. Raab, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals respondents' termination of his employment. The appeal must be dismissed.

Petitioner asserts that respondents improperly dismissed him as a teacher from the staff of the Sarah J. Hale High School. Respondents disagree.

As a threshold matter, respondents contend that the petition is barred because the issues in this appeal were the subject of a grievance previously filed by petitioner under a collective bargaining agreement between the Board of Education of the City of New York and the United Federation of Teachers. Petitioner denies that contention. However, the record indicates that by letter dated April 15, 1994 petitioner filed a grievance involving the same issues raised in this appeal. His grievance was heard on April 22, 1994. In a decision issued on or about October 15, 1994, petitioner's grievance was denied.

It is well established that a school employee who elects to submit an issue for resolution through a contractual grievance procedure may not elect to bring an appeal to the Commissioner of Education for review of the same matter (Matter of Bd. of Educ., Commack UFSD v. Ambach, 70 NY2d 501; Appeal of McCall, 32 Ed Dept Rep 367; Appeal of Garod, 31 id. 526; Appeal of Kassenbrock, 31 id. 324). Since the very issues that are the basis of this appeal were the subject of a previous grievance, I have no jurisdiction to review petitioner's claims (SeeMatter of Bd. of Educ., Commack UFSD v. Ambach, supra). Accordingly, the petition must be dismissed.