In May 2017, the BTU filed Class Action Grievances for violations of the reduction in force provisions of both the Teacher and PSRP Agreements. Hearings before Arbitrator Klein were held on September 6, October 10, December 17, 2017 and on February 13, 2018. The parties filed lengthy briefs. The arbitrator issued her Opinion and Award on May 30, 2018.
The following is a summary of the arbitrator’s Opinion and Award.
Teacher Agreement:
The Baltimore City Board of School Commissioners violated Article VI, Section 6.3 of the Teacher Agreement by:
- Failing to provide a system-wide seniority list of all employees and information on certification at least fifteen (15) days prior to finalizing the RIF as required by Section 6.3B.
- Failing to “meet with the Union to explain and discuss the proposed reduction” in light of the above information at least fifteen (15) days prior to finalizing the RIF as required by Section 6.3B. Since the layoff occurred on June 1, 2017, not June 30, 2017 as argued by City Schools, City Schools representatives violated the Teacher Agreement by not meeting with the BTU’s representatives, not providing information and not discussing the layoff by no later than May 17, 2017.
- Considering the number of certifications held by each bargaining unit member as a component of “qualifications” as required by Section 6.3A.
- Identifying for layoff bargaining unit members who did not have “the least amount of seniority” as required by Section 6.3A.
The Teachers Agreement does not explicitly or implicitly define “qualifications” and does not prohibit City Schools from using performance evaluations as a means of determining “qualifications.” If an individual received a default satisfactory, City Schools does not have a performance evaluation from which it could assess “qualifications.” Therefore, those individuals who received a default satisfactory will be listed for purposed of layoff by certification in the subject area and seniority only.
Remedy:
To the extent that any members of the Teachers bargaining unit incorrectly suffered layoff resulting from procedural violations of Section 6.3A, they shall be made whole for lost wages, benefits, seniority and pension credits less interim earnings for the 2017-2018 school year.
PSRP Agreement:
The Baltimore City Board of School Commissioners violated Article XII, Section A.3 of the PSRP Agreement between the Baltimore Teachers Union, American Federation of Teachers, Local 340 by:
- Failing to provide a seniority list of all employees at least 15 days prior to finalizing the RlF. Since the layoff occurred on June 1, 2017, not June 30, 2017 as argued by City Schools, City Schools representatives violated the PSRP Agreement by not meeting with the BTU’s representatives, not providing information and not discussing the layoff by no later than May 17, 2017.
- Failing to “meet with the Union to explain and discuss the proposed reduction” in light of the above information at least fifteen (15) days prior to finalizing the RIF.
The PSRP Agreement does not explicitly or implicitly define “qualifications” and does not prohibit City Schools from using performance evaluations as a means of determining “qualifications.”
Remedy as to information, notice and meeting provisions of both the Teacher and PSRP Agreements.
The arbitrator directed City Schools and the BTU to meet and negotiate an appropriate remedy for violation of the information, notice and meeting provisions of both Agreements. The arbitrator retained jurisdiction over issues concerning the implementation or negotiation of the remedy. We were not able to reach an agreement on these issues and called the arbitrator back for a one-day session on July 24, 2018. We are still negotiating this remedy as to what information, what notice and when the 15-day meeting is to take place before the layoff.