On May 12, 2014, the Department of Labor posted and made effective new regulations extending benefits equal to those under the federal Family and Medical Leave Act (FMLA) to school paraprofessionals. The regulations were adopted pursuant to Public Act 12-43, … Read more
Archives: Collective Bargaining
Subscribe to Collective Bargaining RSS FeedSBMA Denies Union Grievance of Suspension for Insubordination
Disagreements between supervisors and those that they supervise are a regular feature of the workplace. For example, it is not uncommon for employees to refuse to follow the directives of supervisors. Recently the State Board of Mediation and Arbitration (SBMA)
… Read moreSuperior Court Vacates Arbitration Award as Arbitration Panel did not Base Decision on Contract
Smart employers know that it’s essential to follow the terms of a collective bargaining agreement, and that failure to do so can mean that its decisions can be overturned. Thanks to a recent decision by a Connecticut Superior Court, Town … Read more
Typo in Collective Bargaining Agreement Costs City
A recent decision by the State Board of Mediation and Arbitration (SBMA) serves as a reminder of the importance of ensuring that the language of a collective bargaining agreement is correct before being ratified and approved.
A recently negotiated contract … Read more
SBMA Rules that Past Practice Must be Unequivocal and not Result of Mistake
The State Board of Mediation and Arbitration (“SBMA”) recently affirmed in a recent decision the three elements that must exist before a past practice can be established: (1) the past practice is unequivocal; (2) the past practice is clearly enunciated; … Read more
Research Shows that Contractual Teacher Work Rules Can Impact a District’s Ability to Address Student Needs
For anyone who has been involved in the collective bargaining process for a teachers’ contract, they are fully aware of the scope and extent of contractual language concerning work rules. Areas such as hiring, layoffs, class size, preparation time, duties, … Read more
Contract Provision Allowing Removal of Bus Driver Does Not Violate Collective Bargaining Agreement
In a recent decision the State Board of Mediation and Arbitration acknowledged the enforceability of a provision of a school district’s contract with a transportation provider, which allowed for a bus driver to be removed at the request of the … Read more
Hour of Overtime Before Shift Does Not Qualify for Contract “Call Back” Provision
The State Board of Mediation and Arbitration ruled that a police officer who worked an extra hour before his assigned shift was not entitled to four hours of overtime compensation pursuant to the “call back “ provision of the collective … Read more
Custodian’s Remark About “Bringing the School Down With Me” Sufficient Cause for Termination
The Connecticut State Board of Mediation and Arbitration recently held that a board of education possessed just cause to discharge an employee who expressed suicidal feelings to co-workers and joked to a hospital worker that if he were going to … Read more
Teacher’s Breach of Contract Claim Dismissed Without Union Involvement
A tenured teacher who was laid off due to budget cuts brought an action in Superior Court against her board of education for breach of contract. The court held that an individual employee lacked standing to enforce the provisions of … Read more
State Board of Mediation and Arbitration Rules that ‘No Work Means No Pay.’
The Connecticut Board of Mediation and Arbitration recently ruled that a municipal employer may not be required to pay workers who are asked to remain home during a winter blizzard. In February 2013, the mayor of the Town of Wallingford, … Read more
Arbitrator’s Decision to Reinstate Teacher Failed the Essence Test and Violated Well Established Public Policy of Protecting Students from Sexual Harassment on School Grounds
The Pennsylvania Commonwealth Court has held that an arbitrator’s decision to reinstate a teacher to the classroom after finding he was guilty of inappropriately touching seventh grade female students during academic instruction was not rationally derived from the relevant collective … Read more
Challenges in Implementation of Race to the Top
The U.S. Department of Education recently issued their first official assessment of the progress that twelve states have made in implementing their reform plans following their receipt of Race to the Top grants. The state-by-state reports show that most winners … Read more
FOI Commission Rules that Teachers’ Interest Arbitration Hearing Should Have Been Open to the Public
The Freedom of Information Commission has ruled that the evidentiary portion of the 2010 Torrington teachers’ interest arbitration hearing should have been open to the public. The State Department of Education and the arbitration panel had argued that the arbitration … Read more
New York City Mayor To Cancel Teachers’ Raises
New York City Mayor Michael Bloomberg announced recently that the City would eliminate planned raises for public school teachers and principals over the next two years. The mayor hopes that the move will save the jobs of approximately 4,400 teachers … Read more
Project Opening Doors Award Upheld
Project Opening Doors (“POD”) is a new program offered on a nation-wide basis through the National Math and Science Initiative (“NMSI”). POD is designed to increase the availability of Advanced Placement courses and to increase student achievement by providing students … Read more
New Haven Teachers’ Contract Gaining National Attention
The newly-settled contract between the New Haven Board of Education and the New Haven Federation of Teachers has been getting attention nationally. The terms of the settlement agreement, a copy of which can be found here, have been highlighted … Read more
