Fighting Administrative Transfers

It's late on a Wednesday afternoon, and Jim Hoffman (not his real name) sits in a UTLA office recounting his recent visit with one of the District's directors, who told him he was being administratively transferred.

"I've poured my life into my school," he says. "Since the first day I started, I've worked hard within the school and the community," he says. His voice is drowsy and frustrated. "How could transferring me be in the best interest of the educational program?"

The question presents both the problem and the issue. Let's face it: Administrative transfers are seldom done in the best interest of the educational program of the District, as is called for in the contract. More often, and sadly so, it's done as a means of punishment. It's the District's "nuclear option."

Notwithstanding the above, the challenge to administrative transfers ultimately rests with filing a grievance.

The first step is to ask for the District to put in writing why it's in the "best interest of the educational program" to transfer the employee (the contract requires that written reasons be supplied upon request). This way, the member will have clarity as to how his or her conduct failed to comply with the policy, according to the District.

A key element to look at is if the transfer coincided with either a prior disciplinary action or a disciplinary reference. If the answer is yes, then there is an issue as to whether the administrative transfer is really about discipline and whether the member's due process are being complied with. If this is in question, the transfer could be found to be have been done arbitrarily and capriciously, which means the grievance would be upheld, and the transfer could be overturned.

What to do if this happens to you: As it turned out, things worked out for Jim. Unfortunately, there are too many instances where it doesn't. If you are notified to meet with any District representative concerning your assignment, immediately notify your UTLA representative.