Teacher's Union Intends to Sue School Board

The Wyckoff Education Association has notified the Board of Education of its intention to file suit against the board and its former president, alleging that he violated labor law with a letter to staff concerning the possibility of a one-year wage freeze.

Acting Superintendent Richard Kuder confirmed that the board was notified this week that the teachers' union has filed a lawsuit claiming former board President Daniel Moynihan violated labor law under the Public Employment Relations Commission when he addressed district staff via letter on an internal e-mail system. The letter, obtained by Wyckoff Patch, asks staff to "consider the impact a concession by the WEA could make for the community, the school system, and your fellow colleagues," which represented an attempt to "circumvent the Association by negotiating directly with its members," according to an e-mail union President Kathy Bowers subsequently wrote to WEA staff.

"I frankly was appalled that the BOE would try to sway the members to vote for a salary freeze or other concessions," Bowers wrote. "The BOE is indoctrinated in PERC law and knows you cannot circumvent the Association." She was not available for additional comment.

The letter was subsequently taken off the e-mail system "in good faith," Kuder said, after the administration checked with counsel, Jeffrey Merlino of Lindabury, McCormick, Estabrook & Cooper of Westfield. Board Attorney Mark Sullivan said he was unaware of any litigation and therefore did not have comment on the matter. Merlino could not be reached for comment.

Teachers' unions throughout the state were urged by the governor's office this budget season to agree to wage and/or benefit concessions, possibly in exchange for partially restored state aid, as school boards worked to compose their spending plans while receiving reduced or no state aid.

Wyckoff was no exception; the school board received no formula aid from the state and had to cut its proposed budget, laying off staff and paring down some programs, to deliver a $33,228,727 spending plan that was defeated at the polls last week. In keeping with the state's wishes, the board had requested concessions from the teachers' union, which is slated to get a 4.4 percent pay raise in 2010-11.

"The BOE is formally requesting that the WEA consider freezing pay and/or increasing your contribution to the cost of healthcare to 1.5% of salary for 2010-2011. The Board is aware that you have a contract in place; however, we are asking for your assistance in helping us to balance the budget," Moynihan wrote to Bowers and union Vice President Rob LaMorte on March 24.

Bowers responded March 30 by saying she had "mixed feelings" about the request, as "the state of affairs in New Jersey is not the result of anything the educational community has done." She proposed putting the matter to a vote of the association, although it's unclear if concessions have been formally discussed among the membership. 

There was no movement on the issue in the ensuing days, save for an e-mail by Moynihan on April 7, prompting the former president to address Bowers via e-mail on April 22, following the budget vote. "Now that we are facing a defeated budget, the Board would like to inquire as to the WEA's stance on a pay freeze, benefits contribution, or a small increase for 2010-2011 to help with the cuts that are certain to come from the Town Council," he wrote.

"I would hope that you could get a membership meeting together, and get a vote on these items so that you can be certain as to where your entire union stands on these issues," Moynihan wrote.

The letter to district staff would follow on April 23. Moynihan would summarize the budget review process before addressing the question of union concessions:

"At this point, the Board is still looking for the support of the WEA to help address any anticipated reduction in the budget... For example, a simple 1.5% reduction in the anticipated 2010-2011 WEA contract could decrease the operating budget of the District by about $240,000 for next year. A freeze of the current guide, with everyone moving vertically and horizontally for next year, could decrease the District's budget by about $340,000 for next year."

Bowers, who has stated publicly that the WEA was willing to discuss the matter, wrote to Moynihan on April 25, stating, "At the present time there are too many unknowns to ask the staff to make any concessions for the 2010-2011 school year. There are other alternatives where concessions could be made without disrupting the current contract. We will discuss these alternatives with the Council members.

"A salary freeze is a quick fix, not the right fix," Bowers wrote.

The union president's letter to the district staff concerning the lawsuit was sent two days later, Wednesday, April 27.

Bowers and LaMorte are expected to meet tonight with members of the Township Committee's Finance Committee, which is reviewing the defeated budget with an eye toward making cuts. 

Committeeman Chris DePhillips said he and Committeeman David Connolly will follow the meeting with the union representatives tonight with a Sunday session with the board's new leadership, President Anthony Robert Francin and Vice President Lisa Martone. The meetings are part of the governing body members' efforts to meet with all affected parties as they review the 2010-11 spending plan.

Both DePhillips and Kuder described the work thus far as collaborative. While Township Council can ultimately set a figure by which the school board must reduce its budget, both sides expect to work together to find a solution where the voters' intent is heard while not adversely affecting the board's educational mission.