Teachers picket, schools bring court action in contract dispute

By John Howell
Posted 5/31/16

While Warwick teachers have taken to informational pickets to throw the spotlight on the breakdown of contract talks and their contention that the former contract is binding until a new one is negotiated, the School Committee has turned to

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Teachers picket, schools bring court action in contract dispute

Posted

While Warwick teachers have taken to informational pickets to throw the spotlight on the breakdown of contract talks and their contention that the former contract is binding until a new one is negotiated, the School Committee has turned to Superior Court to settle the matter.

On Thursday afternoon, about 100 teachers paraded in front of the school administration building on Warwick Avenue. Democratic candidate for mayor Richard Corrente and state Rep. David Bennett joined them.

Darlene Netcoh of the Warwick Teachers Union said members of the Teamsters Union and striking Verizon workers were also in the ranks.

Netcoh said the state Labor Relations Board in a verbal ruling has upheld the WTU’s contention that the contract that expired last August is in effect until a new agreement is reached and the committee lacks the authority to lay off 65 teachers as it did in April. The expired contract limits the department to notifying 40 teachers of possible layoff and the actual layoffs to no more than 20 a year.

“Negotiate, don’t arbitrate. We want to sit down and negotiate,” Netoch said Thursday from outside the administration building.

Netcoh said the union and the administration have addressed such issues as electronic grading in arbitration and, while details have yet to be worked out on grading and other changes, she sees no need for the administration to seek across-the-board revisions to the contract.

“These [provisions of the contract] have been hashed out years and years ago; we don’t need to change,” she said.

However, in action filed May 12 in Superior Court, the committee seeks declaratory judgments that arbitration has exceeded the 20-day limit set by law and “that all mandatory negotiations, mediation and arbitration under the law have concluded between the parties.”

Further, striking at the core of the union’s argument, the committee seeks rulings that, according to state law, it has the authority to determine “the number and type of personnel employed to effectively operate schools” as the contract is no longer in effect, and because of the decline in school enrollment it has the power to “suspend teachers in numbers necessitated by the decrease in pupil population, notwithstanding any cap on layoffs contained in the expired collective bargaining agreement between the parties.”

The action, which is before Superior Court Associate Justice Bennett Gallo, also asks for the award of attorney fees.

Warwick Beacon efforts to obtain the Labor Relations Board ruling were unsuccessful. Netoch said it was basically the same ruling the union obtained in the 1990s when the parties were without a contract for several years and that a written ruling would become available.

In an effort to be as transparent as possible, Superintendent Philip Thornton recently invited teachers to hear the committee’s contract proposal. An estimated 600 teachers attended the session at Toll Gate High School, which members of the administration described as cordial. The meeting was not open to the press or the public.

Netcoh said the session “showed that people were lying.” Specifically, she addressed differences over where the committee and union started wage talks, saying the committee started at zero and “we were at five [percent].”

Driving committee efforts to trim personnel and reorganize the system is the consolidation of secondary schools that takes place this year with the closure of Gorton and Aldrich Junior High Schools and Veterans High School. Vets is to be re-purposed as a junior high opening this fall. This will give the city two junior and two senior high schools.

In its complaint, the committee contends if the department is “restricted from laying off the necessary amount of surplus teachers in accordance with the decrease in student population and the consolidation and closing of schools by June 1, 2016, and their non-delegable management right, the School Department and the students it is responsible for educating [will] suffer irreparable harm, because the School Department will be unable to implement educational programs.”

It goes on to cite all-day kindergarten, the addition of math interventionists, Chromebooks for middle school students, addition of social workers, addition of nurses, new high school language laboratories, new classroom presentation technology for middle school classrooms, photo labs in the high schools, addition of middle school sports, a new high school fitness center and “the lowering of class sizes and the running of many high level classes at the high school.”

Justice Gallo is slated to hear the school request for a declaratory judgment on June 23.

Comments

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  • Justanidiot

    mayer corrente how could you choose sides? I thought that you were saving the city money and cutting services. The union is for the opposite. So sad to see this. We are going to vote you out of office at the next erection.

    Tuesday, May 31, 2016 Report this

  • Imhere

    The school committee needs to give the teachers and contract they are in the classrooms teaching our future. Instead they give principals raises, and some do nothing and just sit in their office and let what ever happens in their school go on like John Gannon principal of Norwood elementary. Pay the teachers and cut out all the other bad seeds in the administration starting with Phil Thorton and let it trickle down from there. Lynn Dambruch should be unemployed with Thorton and Gannon for their secrets and lies.

    Tuesday, May 31, 2016 Report this

  • markyc

    What a fiasco. The teachers union in all likelihood will win. Maximum layoffs will be 20 plus whatever is achieved through teacher retirements. The overall end result will be a new teacher contract where any raises will have to be absorbed in the next fiscal school year's budget which will means fewer Chromebooks, middle school sports, & other educational programs. Warwick's School System will continue to experience bad publicity. In addition, the elementary consolidation process still needs to occur & from past/recent history will also be a fiasco.

    Tuesday, May 31, 2016 Report this

  • richardcorrente

    Dear Darlene,

    Don't you wish we could lock both sides in a room and force them to negotiate. Not agree; not do it Darlene's way or Rick's way, just talk. This is part of the bigger problem. We taxpayers have paid over a billion dollars since 2009 and today we have teachers with no contracts, students with no Chromebooks, buildings that are literally falling down and a Mayor that doesn't know what it's like to have a wife, or children, or homework, or parent/teachers conferences, or report cards. I believe Avedisian is a major cause of our school departments problems. I will replace his "hands off" policy with an "I care" policy. I will not interfere, but I will offer my help when it is welcomed. In a situation such as this one I would strongly encourage the parties involved to talk. Just talk. You can't get to a solution until you do. I would even provide the room and Darlene, no, I wouldn't lock the door, even though I would want to.

    Your interview was excellent, by the way.

    Richard Corrente

    Democrat for Mayor

    Tuesday, May 31, 2016 Report this

  • richardcorrente

    Dear Mr. Justanidiot,

    The taxpayers have already paid the tab. Now what we want is a proper education for our students. Hard to do that without teachers. As far as how much should they be paid, I agree, that is a matter for them (the teachers union and the school committee) to iron out. What i am stressing is that they iron it out sooner rather than later. Taxpayers have already paid. Every day that goes by, increases the cost the students will pay. I think we can agree how wrong that is. That, Mr. Justanidiot, is how I can choose sides. You should too. Imagine if both sides were locked in a room for three hours. What harm could come of it?

    Do you agree?

    Richard Corrente

    Democrat for Mayor

    Tuesday, May 31, 2016 Report this

  • PaulHuff

    When all the other unions in the City took Zero's for raises a few years ago the teachers took raises. Now it is time for them to bite the bullet and help out the City.

    Don't be greedy......It's your turn now.

    And Mr. Corrente....Why would I vote for you if you are already pandering to the unions?

    Tuesday, May 31, 2016 Report this

  • patientman

    Could this be the election where an organized coalition between recent graduates, parents and teachers take down the mayor?

    Tuesday, May 31, 2016 Report this

  • allent

    Bahaha.... Mr. "cut spending, lower taxes"Corrente shows his true Democrap colors by pandering to the unions, you know...the ones that are bankrupting the state. Cant make this stuff up..hilarious

    Tuesday, May 31, 2016 Report this

  • knowthetruth4

    How come people like justanidiot don't look into how much money the school dept and school committee are spending on outside law firms, PR people, consultants, etc.? These are your precious tax dollars that are being spent for work that people in the administration should be doing for their 6 figure salaries.

    Tuesday, May 31, 2016 Report this

  • richardcorrente

    Dear PaulHuff and hepdog,

    You asked "why would I vote for you if you are pandering to the unions? If I am pandering to anyone, it's the taxpayers. 80,000 Warwick taxpayers have already paid over a billion dollars since 2009. We gave that money to the school committee and we deserve to have teachers that have a contract, plain and simple. We deserve to have students with Chromebooks and buildings that aren't literally falling down. Don't you agree?

    Maybe the new teachers contract should be for more. Maybe it should be for less. I honestly don't know, but here's what I do know. The taxpayers have done their part by handing over to the school committee $160,000,000+- this year alone. The teachers have done their part by being more than willing to negotiate, or at least sit down and talk. It's the school committee that is unwilling. So next time the school teachers picket I will be there. You should be as well! The teachers are acting in good faith. If they didn't, I would not have supported them.

    I hope that answers your question and yes, I hope you will vote for me.

    Thanks for your comments.

    Richard Corrente

    Democrat for Mayor

    Wednesday, June 1, 2016 Report this

  • Thecaptain

    Mr. Huff,

    Just for clarification on your statement about raises. Although the unions did not take "raises" in the contract 2012 - 2015, they did all get step increases and longevity, not to mention that overtime in every department went through the roof. I recently, through APRA, received all of the salaries for the past 3 years. I can assure you, there wasn't anyone who did not have an increase in their annual salary. As far as the teachers go. Their pay should be commensurate with results and results are very poor. In the list of 40 public high schools in RI, Warwick's 3 schools were rated at 26, 28, and 32 out of 40, with an average graduating proficiency in math of 17% and in science 11%. Those numbers were posted in the Rhode Island Education Report Card in 2014 in RI Monthly. Having spent almost $120,000 to send my two kids to private high school due to Warwick's sub standard education and below substandard buildings, I say the teachers should get nothing but a reduction in staff, benefits, and OPEB. Enough is enough. No wonder the kids are only 17% proficient in math, the teachers cant even realize that the city is bankrupt with its liabilities far exceeding its assets. The teachers only care about the teachers, make no mistake about it.

    Wednesday, June 1, 2016 Report this

  • FedUp

    Mr. Huff, I have to disagree with you. Teachers are not fully responsible for how students score on a test. This measurement system is flawed at its core. Did the private schools use PARCC, Star. NECAP etc? If so, were the numbers significantly higher than the public schools? A test score does not truly measure how a student learns. Teachers can tell you much more about a student than a Star test will show you, which is why teachers are required to test students separately from Star for a more accurate picture.

    That being said, there are many issues beyond classroom instruction that affect test scores. Hunger is a huge factor. Not sure about you but when I am hungry, it is harder for me to test. This is not a teacher controlled responsibility. Safety, heck if I were worried about my safety at home, about being warm, about having my basic needs met, my test scores would likely drop. Poverty is the biggest impact on the quality of education in the public school.

    A teacher cannot meet every need of a student in the classroom and poverty has a definite impact on student performance. It is not as cut and dry as a teacher should be held accountable for how a student scores on a test. In fact, recently a New York court ruled against teacher pay being directly dependent upon test scores.

    Wednesday, June 1, 2016 Report this

  • Justanidiot

    And the union is out for the education of the children?

    Time to scrap the entire model of how the schools are run here in Warwick. There is no contract, so fire everybody from Thornton on down to the janitor who mops up. Then only rehire those who are capable of doing their job. If they don't produce positive results, show them the door and bring someone new in.

    Make all the employees a bit hungry and in fear of losing their jobs, just like the rest of the world.

    Wednesday, June 1, 2016 Report this

  • ThatGuyInRI

    I'm stumped for something incendiary to write this week.

    Other than some of the people pictured really need to walk more, a lot more.

    Wednesday, June 1, 2016 Report this

  • Justanidiot

    Note to the Teacher's Union: next time, please use a union printer to print your protest signs. It is a little touch that adds some credence to the fact that you are not just in it for yourself but will aid other trades too.

    Wednesday, June 1, 2016 Report this

  • PaulHuff

    @thecaptain,

    I'm glad that we agree that the municipal, Police, and Fire unions did not receive raises, and actually did givebacks at a time when the teachers took raises.

    You understand that step increases and longevity are the same thing right? .

    Wednesday, June 1, 2016 Report this

  • PaulHuff

    Mr. Corrente,

    Have you been present for any of the negotiation sessions? How can you say that the teachers are bargaining in good faith and the school committee is not?

    Despite your wishy-washy not committal answer about how maybe the contract should be for more or less (Warwick teachers are some of the highest paid in the state)it sounds like you already have your mind made up. Perhaps there is more to be negotiated than just salaries. How about the ability to lay off more than 20 unneeded teachers, class sizes, IEP's etc etc...

    Until the people make it so that the School committee is not elected, perhaps you should withhold your criticism of the current Mayor. He really has no control over them. Maybe you will find that out someday if your pandering to the unions works out.

    Running for mayor means a lot more than just standing in front of City Hall waving to people as they drive by.

    Wednesday, June 1, 2016 Report this

  • richardcorrente

    Dear PaulHuff,

    No, I haven't been witness to the actual negotiations. That is why I didn't give an opinion. You accused me of being "wishy-washy" but, in fact, I was clearly stating that I didn't know what they deserved for money or terms. I just said they deserved the time, effort and respect of a negotiation, as Darlene Netoch pointed out. The teachers are bargaining in good faith because they are willing to sit down and negotiate. The School Committee refuses. That is why I side with the teachers. If the opposite was the case I would side with the School Committee. I hope that clarifies it for you. As far as the details of the contract, you are absolutely right. It's up to the teachers and the School Committee. As Mayor, I will feel the same way. The details of the contract must be up to them. Having no contract at all, and no effort on the part of the School Committee is, (and will be), unacceptable. We taxpayers are footing the bill so we should have more effort from the School Committee.They have OUR $160,000,000 of tax money.Whoever is Mayor is responsible to the taxpayers for OUR money. Avedisian isn't. I will be.

    Thank you for noticing me in front of City Hall. Next time stop and say "Hello". I respect a person who uses his real name on these comments.

    Richard Corrente

    Democrat for Mayor

    Wednesday, June 1, 2016 Report this

  • davebarry109

    Corrente just lost my vote. Also, CHROMEBOOKS? They will need replacing in 2-3 years. All day kindergarten? My generation, the most productive in history, didn't even go to kindergarten. There is no justification for it other than to make more union jobs and supply babysitters for single moms

    Thursday, June 2, 2016 Report this

  • davebarry109

    It would help the tax payers if Mr. Howell from the Beacon actually printed the teacher salaries. Other than new, non-tenured teachers, they average well north of 70,000 for about 160 working days per year. Their vacation alone is unbelievable given their schedule of weekends, holidays and major breaks off that don't count. Add personal days, sick days, professional days, and they work on average less than 140 days per year.

    Nice work if you can get it. Also, they took raised during the tough times when the police and fire did not. Maybe the police/FD should tell the mayor to pound sand and get the teachers to five first.

    Thursday, June 2, 2016 Report this

  • FedUp

    Dave Barry, do you honestly think that 70K to educate our children and ensure our future is too much for the work that teacher's do? I am sure that teachers wish that the schedule were just 6 hours a day 180 days a week. Much planning occurs outside of school hours and often during the summer. Grading is done outside of school hours. I cannot tell you the number of times I have seen a teacher/parent grading papers at his or her child's sporting event. In addition, teachers have to be certified and pay to maintain their certification, they have to continually educate themselves on their own time. Personally, I do not think that 70K is too much to pay someone who is responsible for educating my children, the most important part of my life. In fact, I think it is rather low when you consider the amount of education a teacher is required to have or how long a teacher must work to obtain this 70K that you list. Why would anyone who spends 100K on education want to settle for a position that starts so low when for the same level of education they can get a job in the private sector for more pay? I think we should try to attract the best and the smartest into the teaching field. It is an investment in all our futures and yet we continue to vilify teachers rather than offering encouragement. In parts of this country there are teacher shortages. I understand why after reading comments like yours!

    Thursday, June 2, 2016 Report this

  • richardcorrente

    Dear Davebarry109,

    I say "Chromebooks" but of course I mean "Chromebooks or whatever the best type of tablet is available". Technology moves at lightning speed. Neither of us can keep up with it but I think we agree that whatever the best tablet is for the student and the budget; that's the one we should get.

    One thing Dave. You didn't say how I lost your vote. It wasn't the use of the word "Chromebooks" was it?

    Richard Corrente

    Democrat for Mayor

    Thursday, June 2, 2016 Report this

  • smh

    ....and the School Committee, Superintendent/School Administration & the Mayor win again!!!! All this "in-fighting" is EXACTLY what they are looking to have happen....

    Thursday, June 2, 2016 Report this