Court ruling gives Redford Union teachers back pay.

ALJ decides district guilty of bad faith bargaining

If the Redford Union School Board decides to abide by an administrative law judge’s ruling, changes its bargaining tactics and starts to bargain in good faith, there’s a chance the long-standing contract battle between the district and its teachers can be resolved.

Last week, Administrative Law Judge David Peltz ruled that the Redford Union School Board improperly imposed a contract on the Redford Union Education Association and was wrong in charging that the union refused to bargain. The RUEA filed an unfair labor practice against the district when it declared impasse and imposed an insurance program that included a $1,500 deductible and higher co-pays in April 2007.

Peltz’s ruling calls for the district to make union members whole for the illegal deductions to their pay from April 2007 to the present, plus interest. The district must also fully reimburse every teacher for any out-of-pocket medical costs that would have been covered under their previous medical insurance.

“This decision is vindication for the union. All along we’ve maintained that the district wasn’t bargaining in good faith but we were. This is a victory for us, but I know the district has a deficit and can’t afford to pay back the money,” said Steve Losey, RUEA president.

The district was required to file a deficit elimination plan with the state because of its financial condition. Despite the judge’s ruling, the district plans to appeal.

Losey said, “I wish the district would simply accept that they were wrong and move on instead of spending more money on an appeal. We would like to move forward.”

The 268 teachers have been without a new contract since August 2005. The union has set tentative May and June dates for fact-finding.

According to Art Przybylowicz, MEA general counsel, this decision has an impact on other difficult bargaining sessions. He cautions that declaring impasse isn’t the way to deal with financial problems. Bargaining in good faith benefits both sides.

“The Redford Union decision means school districts need to consider the total cost of imposing a contract on its staff to save money. Now there’s the cost of the back pay with interest for an illegal action. School districts haven’t always considered that risk in the past,” said Przybylowicz.