Webutuck pressed for open teacher contract negotiations

WEBUTUCK — At Webutuck’s Oct. 4 Board of Education (BOE) meeting, area resident and taxpayer Dave Shufelt had signed up under the district’s clerk delegations, an item that doesn’t come up often at board meetings.

“I signed up under delegations because I want this in the minutes,� he explained.

Shufelt came to the meeting to press the board on an issue he’s been publicly concerned with for at least a year: having open contract negotiations between the Webutuck Teacher’s Association and the board.

“We’re in desperate shape financially,� Shufelt told the board, “and there are things in the contract that the public needs to be aware of.�

The issue of teacher contracts is complicated, especially considering the fact that the most recent contract is not technically in place yet. Negotiations concluded about a year-and-a-half ago, agreed both BOE President Dale Culver and Webutuck Teacher’s Association (WTA) President Nancy Gagne. But the contract has yet to be signed, even though the five-year contract will expire June 30, 2012.

In its place is a signed memorandum of understanding, which means all of the new negotiations are already in effect, both Culver and Gagne explained in separate interviews after the board meeting.

But if there is a practical downside to not having the contract finalized, Culver said: It’s not having a signed document to be available for public inspection. Shufelt said he applied for the document months ago under the Freedom of Information Law (FOIL). Not having the finalized contract, Culver instructed the district clerk to give Shufelt the most recent draft.

“Three years without a signed contract,� Shufelt pointed out to the board. “I don’t think that’s fair.�

When asked after the meeting why the contract has yet to be signed, Culver said it was a source of frustration for the board, and that it was essentially “typos and mistakes� not related to negotiations in the contract that were holding up the final document. Gagne agreed, saying that it was basically fine-tuning the document’s language between lawyers. Neither representative blamed the other side for holding up the process.

“I have said this umpteen times at meetings: The very first point I want to make is that once a memorandum is signed, both parties have 30 days to sign the contract,� Culver said, “and no additional monies will be expended until then.�

“Financial Suicide�

At the board meeting, Shufelt raised concerns about the rising costs of teachers’ salaries, especially contractually stipulated annual raises, which he called “financial suicide.�

“I’m asking to debate as to whether the contracts should be open to the public, so we don’t have these 5- or 6-percent annual raises,� he said.

Culver agreed that the board should continue to be more open about finance, but said that open negotiations could possibly be a matter of legality. The board has asked Superintendent Steven Schoonmaker to contact Jay Gurvin, the school’s attorney, on the matter.

“I don’t have anything to hide on the school side,� Culver said after the meeting. “And I don’t think the teachers have anything to gain by not being open. What’s wrong with being upfront? Anyone can FOIL salaries; every dollar is open to public scrutiny.�

Although Gagne is the WTA president, she pointed out that open negotiations wouldn’t be a decision she would make on her own; the issue would need to be discussed with the union members as well as a representative from New York State United Teachers (NYSUT). As far as the union considering the possibility, Gagne said that any issue that is brought to the WTA’s attention is discussed.

She said she understood the reason for wanting open negoiations. “I’m just not so sure how effective it might be.�

Gagne also said that although salaries and teachers’ pay scales tend to generate the most attention — “I understand it’s a primary concern for most people as taxpayers,� she said. “I pay school taxes, too� — a collective bargaining agreement also determines working conditions for the staff, for example.

“There’s a lot of give and take that goes on with negotiations,� she continued, “no matter what kind of contract, even if it’s non-unionized. There’s a lot of other things that go into it.�

As far as Shufelt’s concerns about the rising costs of teachers’ salaries, Gagne said she couldn’t speculate about the specific percentages of raises or salary increases for upcoming negotiations, which she said would probably start in early 2011.

“I would never try to negotiate something that I didn’t feel we deserved,� she said.

The structure for contract negotiations has never been set in stone; this last negotiation was the first for Webutuck in which representatives from the Board of Education played a more direct role. Prior to that, negotiations were between the teacher’s union and the superintendent, who acted on behalf of the school district.

“It was a failure of communication rather than an unwillingness to settle,� Culver said about the changes. The board is expected to play an active role in negotiations as they begin again, near the end of the 2010-11 school year.

Same Problems

Nationwide

Shufelt made some very valid points, BOE member John Perotti said at the Oct. 4 meeting. “There are some creative ideas out there on how to work on some of these issues. I think we should have a community forum for people to come in and state their ideas and opinions.�

After the meeting, Shufelt acknowledged that many of his concerns need to be addressed on a state or even national level. But a public outcry that would jump-start legislative action is going to start on a smaller scale, he said, and making people aware of what sorts of things are covered by teacher contracts — including salaries and stipulations about the total time a teacher can spend in the classroom, among other things — is what Shufelt feels will be the tipping point.

“We didn’t build that school for teachers. We didn’t build it for the superintendent. We didn’t build it for bureaucrats,� he said. “We built it for children, and they’re the last consideration.

“What I’m trying to point out is that relative to the needs of education, children can’t vote and can’t make campaign contributions and can’t lobby,� he continued. “They’re left vulnerable without the public stepping up for them.�

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