Lost in Translation: Blind Brook Meeting Between BOE and Teachers Union On Hold

As of yesterday, the Blind Brook Board of Education announced it would convene Friday at 4 p.m. to hear a grievance filed by the Blind Brook-Rye Federation of Teachers, but that meeting has been postponed because the union has objected to having the hearing at a public meeting. 

Blind Brook-Rye Federation of Teachers president and BMP Elementary School teacher Robin Willig, said Friday morning, "We haven’t ruled out the possibility that we will still be meeting with the board in a non-public setting."

Willig said they reached out to board president Sheri Zarkower to schedule a closed door meeting later today, but had not received a response. "Not yet, but the day is not over."

That possibility is unlikely. 

"She can remain hopeful," said board member Jeff Diamond. "I don’t see how she can still hope there will be private meeting."

Both Diamond and fellow board member Nancy Barr said a meeting today would be unlikely and a private one even less so.

Willig said the teachers' union has filed a grievance because the school district has failed to complete a review of the health insurance contribution plan by the end of June as specified in the teacher's contract agreement. 

Having the meeting in a public forum is a no-go for the union. Willig cited the so-called Taylor law- the Public Employees Fair Employment Act– to defend the union's position that collective bargaining must take place in a "non-public" setting. Willig said the union wants to have the meeting in that fashion instead of an open forum.

"What's most important is that the federation is very prepared and willing to meet to resolve these issues in a fair manner. We want to get back to the business of teaching the children," said Willig.

The position of Blind Brook Board of Education and School Superintendent Willam Stark is that closed door meetings about grievances only apply to cases involving individuals and not to the members of the union when they act as a unit. 

Stark said the board has let the union know their position and was firm that a closed door meeting would not be possible. "It's in contradiction to our commitment on open government," the superintendent said. 

After Superintendent Stark denied the teachers' grievance, teachers were then entitled to submit their petition to the Board of Education, which is where the matter currently sits.

The BOE can sustain or decide the grievance in the union's favor; if they do not, the teachers' are entitled to a public arbitration. At this point, the process is in limbo. The board has not refused to hear the union's grievance, only to conducting the hearing in an executive session instead of in open meeting.

Stark said the New York State Committee on Open Government has issued clear guidelines that the New York State Union of Teachers, which includes the Blind Brook-Rye Union Free Federation of Teachers, previously supported.

In a June 18, 2010 letter, committee executive director Robert Freeman writes, "a grievance does not involve collective bargaining negotiations or litigation" and also "we do not believe that consideration of a grievance could properly occur in executive session..."

When the teachers' rejected the opportunity to present their grievance on Friday evening, Diamond said he thought they also closed the door on meeting at all today. The meeting could not take place in private and the public must be given proper notification when it's rescheduled.

Superintendent Stark agreed with Diamond's position on this point was well. Stark said the public must be given "reasonable notice" according to a volume issued by the New York State Bar and School Board Association.

Diamond said the public should be given at least 24 hours notice prior to the meeting whenever it finally occurs.

Editor's note- Spelling errors in the original post have been corrected. The accompanying photographed was also changed.