Judge Zoe Bush, Superior Court of the District of Columbia
Order enjoining DCPS from withholding negotiated teachers’ salary increases
August 27, 2003

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AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, DISTRICT COUNCIL 20, and its LOCAL 2921 and WASHINGTON TEACHERS' UNION LOCAL 6, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, plaintiffs, 

V. 

DISTRICT OF COLUMBIA PUBLIC SCHOOLS and DISTRICT OF COLUMBIA BOARD OF EDUCATION and PAUL VANCE, SCHOOL SUPERINTENDENT, Defendants. 

Civil Action No. 03ca005031

ORDER

This matter is before the Court on the Plaintiffs' Motion for Preliminary Injunction. The Court having considered the motion, memorandum and declarations in support, hereby finds:

1. Plaintiffs have demonstrated a clear possibility of irreparable injury, loss or damage in the event that the Defendants are not restrained from implementing a rule instituted by the District of Columbia Board of Education to amend Title 5 of the District of Columbia Municipal Regulations to freeze employees' within-grade salary increases until March 31, 2004. 
2. Plaintiffs have no adequate remedy at law.
3. The balance of hardships clearly tips in favor of Plaintiffs in that Defendants will suffer little damage if temporarily required to pay the agreed upon within grade step increases provided for in the collective bargaining agreements.
4. The public interest would be best served by restraining a rule which is contrary to the Board of Education's contractual agreements with the Unions and, as such, is unlawful and unconstitutional.
5. Plaintiffs are at risk of harm because implementation of the rule will likely create an administrative reality that the Board of Education and the District of Columbia Public Schools are incapable of remedying in the future,

Accordingly, for good cause shown, it is now this 27th day of August 2003, hereby

ORDERED:

1. That Defendant Board of Education, and all persons acting in conjunction with it or on its behalf, are enjoined from implementing any rule to amend Title 5 of the District of Columbia Municipal Regulations in order to freeze employees' within-grade step increases until Match 31, 2004.
2. That no bond need be submitted by the plaintiffs,
3. That this injunction shall remain in dicer until this case is decided on the merits.
4. That the plaintiffs' Motion for Preliminary Injunction is hereby GRANTED.

Judge Zoe Bush
(Signed in chambers)

August 27, 2003