NORWICH – The Norwich City School District has been informed by its legal counsel that recent actions by the Norwich Educators Organization could be construed as a violation of the Public Employee’s Fair Employment Act, better knownm as the Taylor Law.
They have no plans, however, to pursue action against the teachers’ union at this time.
“I think it is in the best interest of the district and the NEO to reach a settlement agreement,” said Superintendent Gerard O’Sullivan, who professed his belief that pursuing allegations of improper practices would be counterproductive to that goal. “We would not gain anything toward the settlement of a contract.”
O’Sullivan read a letter from the school district’s attorney, John Lynch, at a meeting of the Norwich City School Board of Education last night. In it, Lynch outlined two instances in the past month where the NEO’s actions appear to have violated the Taylor Law, which governs collective bargaining between public employers and their employees. It was to this statute, as well as established case law, that Lynch referred.
According to Lynch, one of the alleged instances of improper practice occurred when NEO President Dr. Bruce Race distributed a document titled “Prospective Agreement of the NEO and the Norwich City School District” at the Dec. 16 meeting of the school board. Lynch described this action as a “willful misrepresentation” of negotiations, as it did not accurately portray the terms being discussed. Legal counsel advised that this provided “adequate evidence” of improper practice.
At the same meeting, Dr. Race distributed to each board member a copy of a letter to the editor which appeared in The Evening Sun. The letter, written by a Norwich teacher who was not a member of the NEO but is covered by the union’s collective bargaining agreement, stated that teachers were prepared to stop voluntary participation in activities outside of the classroom.
According to Lynch, this constitutes threat of a strike or work slow down according to legal precedent set in a 1989 case – Haverling Central School District vs. Haverling Teachers Association.
O’Sullivan said he sent a letter to Dr. Race in an attempt to ascertain whether the teacher in question was speaking on behalf of the union, or if the NEO was endorsing that position by distributing it to the board.
“To date, I have not received a response,” reported O’Sullivan.
Despite counsel’s advisement, O’Sullivan said he does not recommend the district take any action against the teachers’ union. He was supported in this position by School Board President Bob Patterson.
“The superintendent continues to demonstrate his sincere interest to work with the teachers. He has his eye on a fair labor contract. This is not a race or a contest of wills,” said Patterson.
Having reached an impasse in mediation, negotiations between the NEO and the Norwich School District will now move to fact-finding. Clifford Dunn, who acted as mediator, has been appointed fact finder in the proceedings. The district is waiting for Dunn to set a timeline for briefs to be filed. According to O’Sullivan, Dunn’s findings will become public record.