PRESS RELEASE

FOR IMMEDIATE RELEASE	October 23, 2006

ARBITER BLASTS SUPERINTENDENT & DISTRICT
IN SINGLE HEALTH CARRIER RULING

In a searing arbitration decision, PERB arbitrator, Dana E. Eischen, ruled that the Buffalo Public Schools in a “blatant power play” (p. 7) violated the contract between the District and the BTF.            

The arbitrator:

• ordered the District to honor the contract by returning to multiple carriers effective January 1, 2007.
• ordered the District to reinstate all teachers laid off “wrongfully, in furtherance of its ill-conceived effort to force the Union into submissive acceptance of the unilateral modification” of the contract by going to a single carrier.
• ordered reimbursement for any out of pocket expenses incurred by teachers as a result of the District’s actions.

The stinging decision laid much of the reason for his order to rehire laid off teachers with the Superintendent (p. 14), “Any doubts about the District’s coercive intent in issuing these letters or the arrogance of power exhibited therein is obviated by the record evidence concerning the meeting between several of the laid off teachers and the Superintendent of Schools.”             

The arbitrator directed some very harsh words at the Superintendent and District.

• The District sought “to induce BTF agreement and the Union’s rejection of a District ultimatum to agree or else”  (p. 7)
• It was not “not a legally viable option for the Board to ignore the language of the Agreement by unilaterally imposing and implementing the change-over to a single insurance carrier”  (p. 7)
• “so-called replication”  (p. 11)“It is the District’s unilateral, dictatorial modification by management fiat of a solemnly negotiated bilateral contract provision which is the crux of the violation, irrespective of touted efficacy of the end-result”  (p. 11)
• “the District not only hi-jacked the contract right of the individual teachers to choose a carrier and plan but also effectively misappropriated the value of any quid pro quo the BTF might rightfully have obtained in return for agreeing to such a significant cost-saving change”  (p. 11)
• “in furtherance of its ill-conceived effort to force the Union into submissive acceptance of the unilateral modification of XXVI(2)(A) which the District imposed, effective September 1, 2005.”  (p. 13)
• “this heavy-handed bullying tactic was part and parcel of the violation covered by BTF Grievance No 04-076”  (p. 13)
• any doubts about the District’s coercive intent in issuing these letters or arrogance of power exhibited therein is obviated by the record evidence concerning the meeting between several of the laid off teachers and the Superintendent of Schools.  (p. 14)
  (Emphasis added.)

Thirty-eight (38) contract teachers and possibly twenty-eight (28) temporary teachers are involved.

BTF President Phil Rumore called the decision, “A victory for our laid off teachers who were used as pawns and a message to those who would blatantly violate a contract that they agreed to.

As we said from the beginning, we are willing to negotiate movement to a single carrier at the negotiating table.  However, we will not be bullied.”

Rumore also congratulated attorneys Robert Klingensmith (BTF/NYSUT) and Jerry Gambino of Cole, Sorrentino, Hurley, Hewner & Gambino.