Unfair Practice Charges Filed By P.E.A. Against Administration

 The Paterson Education Association, through its attorneys, have filed additional unfair labor practices against the District and administration. So far this school year nine unfair practices charges have been filed.

DONALDSON HEARING COMPLAINTS

A "Donaldson" hearing is the process by which non-tenured staff members who have received notification of non-renewal can appeal the decision. P.E.A. has claimed that the District violated the laws when it gave the non-renewed staff members reasons for non-renewal by the Board without any request for them. P.E.A. believes that under the statutes and regulations, reasons should be given only if the employee requests them. In addition, the Association has also asserted that the reasons given were insufficient and non-specific. In providing these insufficient reasons, the District has prevented staff from having sufficient information to defend against the non-renewal, and prevented staff from having a meaningful Donaldson hearing. Two charges in this area have been filed with the Public Employment Relations Commission (PERC).

A settlement conference in the first of the two complaints is being established at the time of publication of The ADVOCATE.

INTERFERENCE WITH ASSOCIATION OFFICERS

In this matter, the Association claims that the District management is attempting to keep track of the activities of the Association's officers who have, according to the language of the contract, a "full-time released schedule". The demands of the management would result in officer activities such as meetings, etc., reported and reviewed by the management, possibly intruding on the privacy rights of staff who have meetings with the Association's officers or following their activities.

Additionally, the management has demanded that full-time Association officers report to one designated location at the beginning of the school day to "swipe in" and stop whatever they may be doing at the end of the school day to report somewhere to "swipe out" and then go back to meetings, etc.

PROHIBITION ON COMMUNICATION WITH ADMINISTRATION & REPRIMANDS OF PRESIDENT

The Superintendent has attempted to put a "gag rule" on the Association President, preventing him from communicating with building principals or other administrative personnel except where "permitted" by the Superintendent. The Association has refused to comply with this absurd directive, and the President has received letter reprimanding him for talking to building principals about Association issues related directly to the school. This matter began when the Superintendent reprimanded the President for seeking information from school principals related to assaults on P.E.A. members by students.

REFUSAL TO NEGOTIATE THE IMPACT OF BLOCK SCHEDULING ON THE TERMS OF THE CONTRACT

The District has determined to impose block scheduling on high schools, academies, and some elementary schools within the district. P.E.A. understands full well that the imposition of block scheduling is a management prerogative under the law.

HOWEVER, the impact of such a unilateral decision on the terms and conditions of employment of the staff represented by the Association is mandatorally negotiable. The District has refused any discussions on the issue with the Association, trying to circumvent the terms of the law by "negotiating" directly with school staff; resulting in different programs in different places.

Delay in Arbitration Processing

The Association contends that through a series of actions, the District has delayed the processing of grievances during the past two school years. This has resulted in delayed justice for P.E.A. members on a wide variety of issues, including payment for class coverage compensation. In many of these cases, the Superintendent has indicated he has a "philosophical difference" with the terms of the contract, and has apparently directed his staff to refuse to provide payments to staff members.

In other situations, the District has prolonged hearings so that only one case can be heard per month. This results in the extensive delay in completing grievance adjudication. P.E.A. has suggested a variety of methods for speeding up the process, but, in this case, management insists upon the strict interpretation of the contract.

Illegal Transfer of Association Delegates

One of the most recently filed complaints is related to the transfer of three Delegates at School # 8. The Association contends that all were performing their duties as Association Delegates, and were transferred from the school in an effort to "deunionize" the building. P.E.A. Delegates who can show they have acted in an advocacy situation for their members are protected from arbitrary transfers. The Association believes these transfers show an anti-union animus by the District.

Three other unfair labor practices were filed related to the refusal of the District to provide information requested by the Association. In each case, it was the contention of the Association that the information was needed in order to provide proper representation for our members.

The District, in these instances, has provided the information after some delay. "We will continue to defend and protect the rights of our members," stated P.E.A. President Pete Tirri. "Members need to help by asserting their rights. As the old saying goes, 'If you don't use them, you lose them."