Teacher
transfer process violated contract
Arbitrator
Jacquelin Drucker has issued a decision in a dispute between the Buffalo Board
of Education and the Buffalo Teachers Federation. Upholding the Union’s
grievance, Arbitrator Drucker concluded that the planned transfer of 54
teachers as part of a turnaround plan violated the procedures set forth in the
cba. The Arbitrator rejected the Union’s claim that involuntary transfers were
limited to individualized situations and that a past practice demonstrated that
the Board was without authority to transfer teachers in non individualized
situations. The Arbitrator noted “Even if that has been the longstanding
history, however, future use of the management right to transfer is not barred
simply because it was not exercised for many years. The Union in this case
essentially is arguing that if an employer has a managerial right but has not
used it, it may forfeit that managerial right. Past practice, however, does not
work in that manner.” Nevertheless the Arbitrator found that the Board had
violated the contract in developing and implementing the screening process
called for in the contract. The violation included failing to solicit teacher
preferences and having screening performed by unqualified individuals. buffalonews:
Ruling: Teacher move violates union contract. Arbitrator Drucker’s award can be found here.
Union can
proceed with arbitration despite death of grievant
The Eight
Circuit has reversed a lower court’s decision and has held that the death of
the grievant did not preclude the Union from proceeding to arbitration on a
grievance challenging his termination. Sheet
Metal Workers Local 2 v. Seligan Containers Manufacturing Corp. The court found no indication in the contract that the
arbitration provision ceased to apply upon the death of the grievant, and
rejected the employer’s reliance on the Supreme Court’s decision in Allied
Chemical& Alkali Workers of America v. Pittsburgh Plate Glass Co. The court distinguished that case, finding “Unlike the interests
of retirees the Supreme Court considered in Pittsburgh Plate Glass , the
interests of employees whose grievances arise in the course of their
employment, but who die before those grievances are resolved, do not diverge
from the interests of current employees.”
Union can
arbitrate claim that retirees are eligible for prescription co-payments
The firm of Weissman and Mintz has a
report on a recent decision of the N.J. Appellate Division. Appellate
Court Affirms Unions’ Right to Arbitrate on Behalf of Retired Members Using
reasoning similar to that of the Eight Circuit above, the Appellate
Division has affirmed the determination of the state’s Public Employment
Relations Commission that the FOP could arbitrate its claim that retired
employees were entitled to prescription co-payments in effect at the time they
retired. The court noted “The Township's
argument that it need not negotiate with the FOP on the issue of co-payments
for retired police officers is beside the point as far as this appeal is
concerned. The grievance seeks to enforce what the FOP contends are the
Township's obligations under prior and existing CBAs. It does not seek to
compel the Township to bargain on the issue for future contracts.” Township of Voorhees v. Voorhees Police Officers Association, et al.
Fire Department not obligated to
maintain staffing level
According
to a report in Indeonline.com, the Massillon, Ohio Fire Department did not
violate its agreement by allowing the fire department staffing to fall below
42. Arbitrator Jeffrey Belkin found that the firefighter’s union had failed to
establish that an agreement entered into in 1984 guaranteed a minimum staffing
level “forever.” He noted that the Union had subsequently negotiated staffing
levels, and if they intended that staffing would not fall below 42 they would
have said so in their agreements. Arbitrator
rules against laid off Massillon firefighters
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