A Massachusetts Department of Labor Relations board upheld December’s denial of the Andover Education Association’s request to amend its September 2021 complaint against the Andover School Committee.
AEA, which represents Andover Public Schools’ employees, wanted to amend its complaint alleging the school committee violated state labor law when it denied AEA members paid time off to members attend arbitration and DLR proceedings. The amendment would have added an accusation the school committee “unilaterally changed its practice of granting leave for bargaining unit members to attend ‘union matters’.”
DLR’s Commonwealth Employment Relations Board ruled the new accusations could not be included in the original complaint because they happened in November, after the original complaint was filed. CERB did, however, leave the door open for AEA to file a new complaint with the additional accusations.
“Although we are affirming the denial of the motion to amend, we do so without prejudice to the Union filing future timely charges concerning the denial of paid leave for other Union matters addressed in its charge,” the ruling said.
The ruling was issued on Feb. 24 and made public Tuesday morning on DLR’s Website. Andover Public Schools declined comment on the ruling. Matt Bach of the AEA said the ruling will result in a bigger CERB caseload.
“It just means that we will have to file additional [Unfair Labor Practice complaints] when the district violates this well-documented past practice in other situations,” Bach said. “It’s odd, because it means more hearings for an already overtaxed state bureaucracy.”
More coverage on Andover News:
- Explainer: Andover School Committee, Union Square Off Over Stipend Payments Approved By Town Meeting
- State Rules Andover School Committee Violated Massachusetts Labor Law
- School Committee Meeting Privately To Discuss Union Litigation
The school district and AEA have two additional disputes pending before DLR and a pending arbitration hearing before the American Arbitrator Association over the district’s attempt to extend the workday by 30 minutes.
The pending DLR disputes include:
- The district’s complaint against AEA after its members campaigned for a special town meeting warrant article that would have used federal money to give bonuses to the union’s lowest-paid members.
- AEA is awaiting a labor board decision following a hearing on its complaint over the district’s move to take away case management from special education teachers
Stock photo.