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Shame on Administration
for failing to negotiate in good faith!
The cold winter night or pre-holiday
preparations did not affect the significant teacher
turn out on December 18 th , as the double and triple
line of FTA faculty marched carrying informational posters
. The line extended nearly the length of the block in
front of the Atkinson school. Many teachers carried
small lights representing the hope that the district
would focus on and resolve the issues at stake. A few
teachers, accompanied by their children, felt that Freeport
administrators, the school board and the community should
realize how important it was to forge ahead and come
to an equitable solution to contract negotiations which
had begun in the spring, even prior to the expiration
date of the contract.
Teachers coming into the building to
observe the scheduled Board Meeting stood silently watching
while board members appeared to obsess with the minutiae
of parliamentary procedure “If only they were
as determined to work on contract issues” sighed
one of the teachers.”
Prior and during the negotiations meeting,
angry and disappointed teachers demonstrated outside
the administration building. They carried signs demanding
a fair resolution for a contract. In addition, teachers
sang Christmas carol parodies requesting that wages,
working conditions and professional issues be addressed
in an equitable manner. Freeport teachers are working
under the NY State Taylor law which maintains previously
expired contracts. The current contract ended in July
2002.
However, at the Wednesday, December
18, 2002 negotiations meeting, the Freeport Teachers
Association realized that contract negotiations were
not progressing. They requested that Fact Finding be
initiated. This step calls for state intervention through
a PERB appointed Fact Finder whose job it is to sift
through the issues in order to affect resolution. As
part of the process, hard data referring to the school
budget and other statistical information will be analyzed
with fiscal priorities evaluated and adjusted. Recommendations
will be made; however, they are not binding. Barry Peek,
the FTA attorney, addressing the Delegate Assembly on
January 9 th said that “for the most part, recommendations
are upheld by both organizations as both parties are
interested in settling, and moving along to finally
resolve the negotiation process.
Although not binding, fact finding decisions
are often the basis of the final decisions. The PERB
appointed Fact Finder will most likely meet in late
winter. All negotiable areas (Wages, Working Conditions
and Professional Issues) are put back on the table and
re-evaluated. The Fact Finder will make public recommendations
and, in February/March, after two days of hearings,
each side will be given three weeks to present their
briefs. Recommendations must be made in 30 days.
Peek, reflecting on the negotiations,
acknowledged that school boards often stretch out the
negotiation process in the hope that membership will
lose their focus, tire and change some of their demands.
However, most contracts upon final negotiation become
retroactive to cover the time period between settlement
and when the former contract expired. He went on to
say that “The FTA has a learned, articulate negotiation
team, which is very positive.” The FTA action
committees are an important part of the process and
it is very important that the membership back the FTA
leadership in all initiatives dealing with contract
resolution.
It was pointed out that on three separate occasions,
the FTA negotiations team was prepared to engage in
marathon bargaining sessions while the Board did not
appear to be interested in thrashing out solutions and
terminated meetings earlier than expected. The board
was not ready to come to closure. Another delegate questioned
the meaning of “working to the contract.”
Peek said that there was a very thin line between what
could be considered a “job action” or upholding
and maintaining the contract. Penalties, for overstepping
the boundaries are very severe and therefore, should
be explored with great caution. Getting community support
for negotiation could be a very powerful tool. Also,
it is very important for FTA membership to speak to
community activists and leaders such as PTA, Chamber
of Commerce representatives to enlist their support
for a fair and equitable settlement of differences.
A Freeport teacher who happens
to be a long time resident of the community said, “It
was too bad that a lot of time had gone into the effort
of trying to resolve a fair contract….and now,
more time, energy, as well as money will be involved.
Another teacher commented that “Administrative
and teacher efforts would be better put to use in effectively
meeting state standards on upcoming assessments.”
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