Judge Rules NYC Schools Violated Labor Law

An administrative law judge found the Department of Education outsourced paraprofessional work to non-union employees without negotiating with the union.

Updated on Nov. 10, 2026 in Unions

Judge Rules NYC Schools Violated Labor Law

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An administrative law judge ruled that the New York City Department of Education violated state labor law by hiring non-union paraprofessionals through a private employment agency. The judge ordered the DOE to stop reassigning paraprofessional work to non-union employees and to make affected workers whole.

Why it matters

The ruling reinforces the bargaining obligations public employers owe unions when changing who performs covered work in city classrooms. It also comes amid broader disputes over paraprofessional pay and union leadership in New York City.

The case centers on three non-union paraprofessionals hired at P.S. 1 in the Bronx through a private employment agency, with the union's 2023 charge pending before PERB. The judge's order covers future reassignments, but the number of workers eligible for make-whole relief has not been specified.

The players

New York City Department of Education

The city's public school system, responsible for employing paraprofessionals and bound by state labor law in its dealings with unions.

United Federation of Teachers

The New York City teachers' union that brought the charge and represents paraprofessionals in city schools.

Michael Mulgrew

President of the United Federation of Teachers, whose allied candidates lost paraprofessional chapter elections in 2024.

Zohran Mamdani

The current mayor of New York City, who opposes the City Council's $10,000 paraprofessional payment bill and has sued to block it.

The details

The United Federation of Teachers filed the improper practice charge in 2023 after the DOE hired paraprofessionals from a non-union agency without negotiating with the union. The DOE argued it could not recruit through typical union pathways, but the judge found the district had not met its bargaining obligations.

2023: UFT files improper practice charge with the Public Employment Relations Board.
2024: Candidates aligned with UFT president Michael Mulgrew lose internal paraprofessional chapter elections.
Earlier in 2026: City Council passes legislation granting one-time $10,000 payments to paraprofessionals.
Early November 2026: Administrative law judge issues the ruling against the Department of Education.

Legal Context

The ruling applies New York's public employee labor law and the Public Employment Relations Board's improper practice process to the outsourcing of paraprofessional work. It follows a pattern in which unions use PERB charges to enforce bargaining obligations when public employers change staffing arrangements.

Paraprofessionals in New York City schools may see their assigned duties and bargaining protections change as the DOE adjusts staffing under the ruling. The judge's order also affects whether future school hiring must go through union-covered channels, which can determine who is eligible for union pay scales.

The takeaway

Staffing decisions in public schools can carry legal obligations to unions, and changes in who performs covered work may require bargaining first. Readers following paraprofessional pay should watch how the DOE responds to the ruling and the pending City Council legislation.