
The teachers’ union is balking at Schools Supt. William J. Rearick’s decision not to pay teachers for what he calls “the illegal job action” they took when they held a one-day strike on Sept. 4.
In a letter Monday to Rearick, Patrick Crowley, assistant executive director of the National Education Association of Rhode Island, said the teachers are protected under the federal Fair Labor Standards Act, which requires salaried employees be paid a “predetermined amount” that is “not subject to reduction because of variations in the quantity or quality of the work performed.”
Crowley said that Rearick’s decision could be interpreted to mean that the employees are now considered nonsalaried workers eligible for overtime pay. If that’s not Rearick’s intention, Crowley writes, “it occurs to me that the withholding of pay is a willful violation under the federal statute and may subject the violator to criminal sanctions.” The School Department, Crowley writes, could face up to $10,000 in fines for withholding teachers’ pay.
“Please clarify your understanding of the exemption status for the workers in the NEA bargaining unit in order for the members to adequately calculate the overtime pay owed to them in time for the next pay roll period,” Crowley writes. “If, however, the refusal to pay the teachers their agreed upon salary was inadvertent, we will work with you to remedy the situation as expeditiously as possible.”
Rearick sent a copy of the letter to The Journal yesterday. He could not be reached for comment.
This is the latest flap in the ongoing contract dispute between the Tiverton School Committee and the 200-member NEA-Tiverton union.
The teachers returned to work two weeks ago under the terms of a Superior Court consent order that the union and the School Committee return to the bargaining table with an appointed mediator.
Both sides were set to meet again last night.
The union voted unanimously Wednesday to perform only official duties detailed in their existing contract. They will still perform duties that involve helping students, such as writing recommendations and coaching, but they won’t participate on school-improvement teams, for example, Crowley said.
The state law governing teacher contract negotiations does not give teachers the right to strike. The state Supreme Court went a step further when it ruled that such work stoppages are illegal. The high court added that teachers cannot be ordered back to their classrooms without a lower court hearing.
(projo.com)