Committee asks court to stay state board ruling

By John Howell
Posted 8/11/16

It appears the courts may have the final word on a Warwick teachers contract. In an action aimed at deciding which of the parties is right, the Warwick School Committee filed a complaint in Superior Court this week asking the court to stay

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Committee asks court to stay state board ruling

Posted

It appears the courts may have the final word on a Warwick teachers contract.

In an action aimed at deciding which of the parties is right, the Warwick School Committee filed a complaint in Superior Court this week asking the court to stay a decision of the State Labor Relations Board and to rule on its argument that it has the authority to lay off more teachers than defined by the terms of the contract expiring in August 2015 in response to school consolidation.

The crux of the latest legal maneuver dates to December 2015, when the union filed an unfair labor practice charge against the school committee on grounds the committee refused to arbitrate grievances on grounds the contract had expired and arbitration provisions were no longer binding.

Using the same premise that terms of the former contract no longer applied, and justifying the necessity of its actions to reduce staff because of school consolidation, the committee issued pink slips to 65 teachers this spring. Under the terms of the prior contract, the committee could notify 40 teachers, but was restricted to laying off no more than 20.

In June the union modified its complaint to the state board based on the layoffs and other revisions to the expired contract. The committee sought to have the court verify its position in a complaint filed, but not heard, that month. Then in July, the State Labor Relations Board reaffirmed in a written decision a verbal ruling that terms of the prior contract applied until a new contract was reached.

Andrew Henneous, legal counsel for the school committee, said yesterday that the committee is asking the court to consolidate both the prior and current complaints. An Aug. 16 court date has been set.

Walter Lanni, chair of the State Labor Relations Board, said he could not comment, as this is a legal matter.

Reached Tuesday night at the school committee meeting, Warwick Teachers Union President Darlene Netcoh reiterated her contention that the committee is wasting the taxpayers’ money with its efforts to resolve a contract through legal means and called for committee to negotiate.

“It is a waste of time and money to file a stay,” she said. “They need to accept the ruling of the Labor Relations Board and follow all the terms and conditions of the expired contract until a successor agreement can be reached.”

Netcoh said the teachers have followed the contract, with events such as department nights, after school and extra-curricular activities, and field trips continuing to run, and as long as the terms and conditions of the expired contract are in full force and effect, the union agrees not to strike.

“The contract protects our working conditions, but it also protects students’ learning conditions,” she said, adding the union is hopeful for a resolution.

As of this week, the actual number of teachers being laid off was reduced to 27 because of retirements and teachers leaving the department.

(With reports from Matt Bower)

Comments

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  • richardcorrente

    I have written many times that the actions of the School Committee are completely and morally wrong. I have commented that the teachers are willing to negotiate and the SC is not and "in the court of public opinion, the Warwick Teachers Union wins, hands down. No contest. They hold the moral high ground."

    Now the SC is compounding their already horrible reputation by spending even more of the taxpayers money by going to Superior Court over what amounts to 7 teachers being laid off or not. What the h--- is wrong with them??? Do they think that 2 wrongs make 1 right??? (as in 2 negatives make 1 positive) Do they think that ANYONE will agree with them??? Do they think...

    You know what. That is the actual question. Do they think... at all?

    Can the SC please put this issue aside and focus on negotiating a new contract or at least show an ounce of good faith and sit and "talk" about a new contract? Please? By the time you actually do we will probably lose 7 more teachers anyway.

    The Warwick taxpayers deserve so much more from our elected School Committee members. When the inevitable contract negotiations finally happen the result will be more money out of the taxpayers pocket than we ever would have paid if only the SC cared enough about the students, the parents, the taxpayers and teachers to sit and talk instead of fight and sue.

    This is why so many teachers and students want out. It has to be fixed and I will help as much as the law and the WTU will allow.

    Sincerely,

    Richard Corrente

    Endorsed Democrat for Mayor

    Thursday, August 11, 2016 Report this

  • Pmaloneyjr

    Richard, your comments are no different than the current mayor about the school committee. The current mayor has used them as a scapegoat for Warwick Problems for as long as I can remember. Instead of creating more division how would you constructively correct the situation? What would you do differently, if anything than the mayor or will it just be more of the same from a different person? I'm tired of hearing the mayor can't do anything in the schools. You can certainly do more than criticize. If you could fix this problem, what would you do?

    Also, know that each 1% raise is nearly the equivalent to $1 million. As mayor would you financially support the schools? While I don't agree with how it is being done, they are making cuts to save money because they had their funding cut 5% in 2009 for a total loss each year of $6.5 million. Since 2009, they have lost over $45 million. They have had essentially the same budget for 7 years while the city budget has gone from $69 million to over $115 million during the same time period.

    You are basically calling them idiots and morons while the mayor and council runs amok spending wildly without reservation.

    If you were sitting on the school committee what would you do because all I hear is exactly the same as our current mayor. You want to get elected? What would you do besides sling mud from the same puddle?

    Monday, August 15, 2016 Report this

  • richardcorrente

    Dear Pmaloneyjr,

    Haven't you read the dozens of articles and comments I have written? That alone is substantially more than the "hands-off" Mayor has done.

    When the "Resolution of Dissatisfaction" against Mario Atoyan and his horrible act of drawing a penis on the arm of a 12 year old and a 13 year old girl, was written by the City Council and immediately and unanimously voted in favor of by the council, it was sent to the Mayor for his signature. He refused to sign it. I, on the other hand, have written about the Ragosta Report numerous times exposing the lie told by Jennifer Ahearn when she tried to make everyone believe it "was a verbal report". I even spoke with Attorney Ragosta and got my information first hand, something I wish you had done before writing your inaccurate comments. I then reported it to the Beacon with facts and figures.

    How on earth is that that "no different than the current Mayor about the School Committee"?

    I also commented on the "School safe following minor outbreak of pinworm" article, again stating facts that i researched.

    Patrick, please go back and read my many articles and comments. You are way off base on this. Although I agree with you that "I'm tired of hearing that the Mayor can't do anything in the schools", I feel I have been clear about my commitment to "help in any way the law and the Warwick Teachers Union will allow." I have said on many occasions that the WTU is willing to negotiate. The SC is not. In the court of public opinion that automatically is a win for the WTU and that I fully support them in this. The Mayor refuses to take sides or even make a comment, actions that have enabled this problem to get much worse than it was. That is another huge difference between Avedisian and me.

    You have accused me of "calling them idiots and morons" which I never have done but I have said that "since 2009 the Warwick taxpayers have given the School Committee over a BILLION dollars and today we have

    1. teachers without contracts

    2. students without Chromebooks

    3. buildings that are literally falling down and

    4. a Mayor that refuses to get involved."

    Starting on day one I will do whatever it takes to fix that. The taxpayers deserve to know where their money went. I will find out and report it to them. That is another of the many things the present Mayor refuses to do that I will.

    I have also disagreed with the Mayors action of not releasing all of the funds from the 2006 $25,000,000 bond that he continues to charge the Warwick Schools the interest on. I intend to give that money back. It was spent on buildings that are owned by the City of Warwick. The City of Warwick should pay for the loan, not the Warwick schools.

    Patrick, I would never make the kind of accusations you made in your comment without knowing the facts. If you want to interview me, feel free. If not, please don't misquote me like that. It's beneath you. The differences between Avedisian and me are enormous, as anyone who has read my comments/articles/letters-to-the-editor or seen my web site can attest. Please visit www.correntemayorwarwick.com and then call me at 338-9900.

    Thanks Patrick

    Good luck on your campaign.

    Richard Corrente

    Endorsed Democrat for Mayor

    Monday, August 15, 2016 Report this

  • SadieA

    I don't pretend to know what the answer is but I do know that the School Committee is an independent body. They answer only to the tax payers.

    The City Council has a Democratic majority, the mayor is a Republican. I'm surprised anything gets done - but neither one of these parties has any control of or real influence over the School Committee. This has been a problem for a long time, rogue School Committees are destructive.

    Secondly, the Labor Board is simply reaffirming the decision of the judge who decreed in the 90s that teachers would be working under the terms of the expired contract until a successor contract was in place. This is also affirmed by the past practice of the Warwick School Department

    .

    Monday, August 15, 2016 Report this

  • richardcorrente

    Dear SadieA,

    Whoever you are, you're smarter than the rest of us put together. We can all learn to keep our attention on the big issue from you. You're right. Rogue School Committees are destructive.Thanks for the advise.

    Enjoy your summer.

    Richard Corrente

    Endorsed Democrat for Mayor

    Tuesday, August 16, 2016 Report this