Judge: Schools can set teacher layoffs

By John Howell
Posted 8/18/16

By JOHN HOWELL The superintendent of Warwick Schools says Tuesday's ruling by Superior Court Justice Bennett Gallo allows for the smooth opening of schools on Aug. 31, as planned, while providing for continued contract negotiations with the Warwick

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Judge: Schools can set teacher layoffs

Posted

The superintendent of Warwick Schools says Tuesday’s ruling by Superior Court Justice Bennett Gallo allows for the smooth opening of schools on Aug. 31, as planned, while providing for continued contract negotiations with the Warwick Teachers Union.

In a ruling from the bench after hearing arguments from the school district, union and the State Labor Relations Board, Gallo found that layoffs are a management right not bound by contract.

Gallo made the distinction that layoffs are a “non-delegable duty” in denying the district’s request for a stay of the board’s unfair labor practice complaint regarding the arbitration of two grievances. The union had argued the board’s ruling on grievance arbitration applied to all terms of the prior contract, including layoffs that were limited to 20.

In drafting its budget, the district planned to issue pink slips to 65 teachers. With retirements and changes in scheduling, that number has since dropped to 28.

Siding with the union, Bennett denied the district’s request to combine its complaint that the Labor Relations Board overstepped its authority in charging the district with an unfair labor practice with a far-reaching complaint that circumstances dictate provisions of the former contact, including the number of teachers laid off, would mean irreparable harm to the district and students.

In a statement released Wednesday, Superintendent Philip Thornton said the district is “grateful for the judge’s decision. This decision allows us to operate in the best interests of the students, residents and taxpayers of Warwick. We look forward to continued negotiations and ultimately the resolution of our contract issues.”

WTU President Darlene Netcoh was disappointed with the ruling, saying that in her opinion it undermines the balance of negotiating powers between the parties.

“It’s a bad ruling because it is saying they can do what they want,” she said.

Netcoh called the district’s argument that finances force it to lay off more teachers than the 20 set by the former contract “spurious.” She said that during the period that school enrollment dropped 22 percent, teacher ranks dropped 20 percent, yet the administrative staff has increased 25.7 percent.

“Teachers are not the fiscal problem here, the administrative staff is,” she said. “I, too, look forward to negotiations…It can only be done at the negotiating table.”

The district and the union portrayed dire consequences if the court refused to side with their arguments.

Andrew Henneous, counsel for the School Committee, said school enrollment has dropped 22 percent in the last 10 to 11 years and that the superintendent has taken steps to reorganize and consolidate the district. He argued if the district was required to follow conditions of the contract expiring last August it could delay the opening of school, require the cancellation of distribution of Chromebooks to students, jeopardize all-day kindergarten, and cause “irreparable” harm to the district and education.

Central to the district’s argument is that the Labor Relations Board overstepped its bounds in finding terms of the former contract applied when dealing with two grievances filed by the union, even though the grievances were filed after the contract expired. Henneous said the board made its decision of an unfair labor practice unilaterally and without hearing the district’s argument.

Jeffrey Kasle, counsel for the union, countered that the district did not avail itself of means to be heard. That was secondary to his contention that if the terms of the former contract no longer applied, it could be argued the district would have the power to declare teachers would be paid the minimum wage and “by the way pay 100 percent of their health care. What’s to stop them from doing that as well?”

Kasle pointed out that as public employees, teachers don’t have the right to strike, as do employees in the public sector. Extension of the terms of the former contract until a new one is in place serves to protect them, he said, and without that “collective bargaining would end up as collective begging.”

“The rights of the parties have to be balanced,” he said.

Margaret Hogan, counsel for the Labor Relation Board, said that Kasle’s hypothesis the district could reduce teacher pay to the minimum wage “isn’t that farfetched.” She said that without the former contract, “you don’t have anything…the status quo must be maintained.”

Gallo’s ruling is by no means the end of the issues. Over the next several months the court is expected to issue an order after reviewing briefs submitted by the parties.

Asked where negotiations now stand with the union, Henneous said, “We will continue the arbitration process. It [the ruling] hasn’t changed anything.”

He said the parties also would continue to meet with attorney Vincent Ragosta in efforts to reach a negotiated agreement.

Comments

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  • Imhere

    Phil Thorton says it's a good ruling, and it's good for the students, residents, and taxpayers. Why when girls were inappropriately touched at Norwood Elementary, then why when these girls were touched why didn't Phil have there best interest in mind? He went above and beyond to cover it up with his crew "the cover up crew" , this guy is brain dead and his puppets are useless!! His puppets jump at whatever he says and ask how high. The right thing for these waste of tax payer money should all RESIGN!!!

    Thursday, August 18, 2016 Report this

  • richardcorrente

    Paragraph 9 tell the whole story. The School Committee has spent over a BILLION DOLLARS OF TAXPAYER MONEY SINCE 2009! As the numbers of students and teachers have both dropped by over 20%, the number of administrators (School Committee staff) has grown by over 20%. This grab for power by the SC is at the expense of our students, our teachers and our taxpayers. We are creating a monster and the Mayor has done absolutely NOTHING to stop it. I will take a more active role. I go to all the School Committee meetings. He goes to none. I have supported the teachers because they are willing to negotiate and the SC is not. Avedisian refuses "to be involved." The taxpayers and their children deserve a Mayor that will work for them. Avedisian won't. I will. Please visit www.correntemayrowarwick.com

    Thank you to all teachers. Help is on the way I promise.

    Richard Corrente

    Endorsed Democrat for Mayor

    Thursday, August 18, 2016 Report this

  • davet1107

    Mr Corrente,

    I believe you work (or worked) in the finacial realm so I'm sure you are familiar with the "law of large numbers". Using percentages to make this type of comparison paints a somewhat skewed picture because a 20% drop in student population was roughly 2000 students; a 20% drop in teachers was probably around 100-150 positions (since today we have approximately 900 teachers) while a correponding 20% increase in Administration is probably around 20 or so positions, give or take a few. While I don't know what the specific additioal positions are, I would venture a guess that some are required because of the increase in Federal and State mandates in education over that same time period. My point is that it's a very over-simplistic measurement and we shouldn't make too much hay with it. It's also obvious that geting the teachers a fsair contract is a crucial element for us to move forward successfully.

    David Testa

    Thursday, August 18, 2016 Report this

  • smh

    This is one of the most poorly written articles I have ever read.

    The amount of money being spent by the School Administration and School Committee thus far could have paid teacher's salaries 3x over AND gotten Chromebooks, paper, pencils, crayons, scissors, glue sticks and any other supplies necessary for each and every one of the 9,000 students left in this school system.

    When are the taxpayers and voting populous going to wake up and demand these inept individuals be removed from their posts?

    Thursday, August 18, 2016 Report this

  • allent

    good for the judge

    Sunday, August 21, 2016 Report this

  • markyc

    Layoffs are a "non-delegable duty? This was negotiated in a contract. I believe the Warwick Teachers Union, upon appeal to the State Supreme Court will win. The agreement indicated no more than 20 layoffs in a given school year. I believe that the recent layoff number I read was either 27 or 29; the Warwick School Committee couldn't work this out through contract negotiation/mediation? At least it would show an effort of good faith. The SC brags about ALL the ongoing work that is expected to be completed by the opening of schools but the Vets HVAC still has everyone crossing their fingers that we have a mild winter. Now they want Warwick taxpayers to authorize $ 90 million in bond money for various projects when they still have:

    1) No current teachers contract

    2) A consolidation process that is expected to be ongoing for secondary schools

    3) Phase 2 of consolidation to close 3 elementary schools to be closed; however, at present the public is being kept in the dark.

    Memo to the Warwick SC/Superintendent: Concentrate on the issues at hand BEFORE going onto/taking on new projects.

    Monday, August 22, 2016 Report this

  • ThatGuyInRI

    I TOLD YOU SO.

    Employee contracts in RI are not worth the paper they are written on. Did the WTU forget what happened in E.P. a number of years ago? The "sunset clause" does not apply. Despite what some people want to tell you, unions in RI are paper tigers. The ONLY thing an employer need do is allow a contract to expire and then dictate to the employees because - drum roll please - there is no contract!

    I told you this would happen, I told you the school dept would win in court. WTU should be kicking itself and recalling their leadership, dumb, dumb, dumb.

    Monday, August 22, 2016 Report this