Through an arbitrator’s decision and settlements, the PSC has successfully rescued three information technology HEOs from wrongful nonreappointment. Their cases have been sent back to the select committee.
The HEOs are based at CUNY’s Central Office working for the School of Professional Studies. The union argued that the nonappointments violated the PSC-CUNY contract.
RULING
In the case of Natalie Behman, the arbitrator Deborah Gaines ruled that, “Certainly, decisions as to the mission and scope of CUNY Online, the positions necessary to carry out that mission, and the skills and qualifications needed to fill these positions are CUNY’s to make. However, in this case, CUNY advised the Grievant she was not being reappointed because her position was being eliminated. Yet, the record evidence demonstrates CUNY expanded the number of [Instructional Designer] positions in the program.” She added, “While the position description contains a somewhat broader salary range, and additional ‘preferred qualifications,’ the basic position remained the same.”
Gaines continued, “While CUNY Online has every right to change the scope of its program and its expectations of IDs, it was obligated to at least place Grievant on notice in some way of the new expectations and how her performance was perceived. Not only did she not receive any guidance, but she was also specifically advised she had no reason to worry and that her performance was satisfactory.”
“I find CUNY failed to meet even the minimal expectation of providing guidance with sufficient clarity and time to improve performances,” Gaines added.
In response to the award, CUNY moved to settle two other similar cases. CUNY agreed that the Central Office will recommend the reappointment of Byran Boatswain and Cierra Warner.
The decision and settlements were considered victories in the preservation of contract terms that protect HEOs, union sources said.
Published: December 11, 2025
