The following message was sent to members of the Harford County Education Association, the teachers’ union in Harford County Public Schools, by union president Randy Cerveny. A copy was provided to The Dagger for publication:
Further Information Regarding the 2011/12 Contract
The Public School Labor Relations Board (PSLRB) was established by the Maryland legislature to resolve public school employee labor disputes. On March 30, 2012, the PSLRB (which we’ll call the “Labor Board”), by a unanimous decision, found that the Harford County Board of Education was guilty of bad faith bargaining in its “re-negotiations” with HCEA in May/June 2011. HCPS and HCEA were ordered to engage in good faith negotiations within five (5) days of receipt of the Order.
HCEA immediately attempted to commence negotiations with the Board of Education. The Board of Education, however, responded by filing a Petition for Judicial Review in the Circuit Court for Harford County. Despite a reminder from the Labor Board that the filing of the Petition does not relieve the parties of their obligations to comply with its Order, the Board of Education told the Labor Board in a letter that it was not going to comply.
In response, HCEA wrote to the Labor Board outlining its attempts to comply with the Order. Further, HCEA expressed concern that it was being penalized by the Board of Education’s flagrant refusal to comply with the Labor Board. Moreover, the Labor Board’s Order was being undermined every day that passed because the Board of Education remained free to spend surplus dollars that may have, otherwise, been subjected to negotiations.
On April 27, 2012, the Labor Board filed a Petition to Enforce its Order against the Harford Board of Education in the Circuit Court for Anne Arundel County. Although HCEA was not a named party, we filed a Motion to Intervene in the proceedings in Anne Arundel County as a co-Petitioner with the Labor Board.
At the same time, HCEA filed its response to the Board of Education’s Petition for Judicial Review pending in Harford County, including a Motion to Dismiss the petition in light of the Labor Board’s enforcement action pending in the Circuit Court for Anne Arundel County. This is presently in the process of being scheduled for a hearing.
On May 11, 2012, the Labor Board, in an aggressive move, filed a Motion for an Injunction against the Harford Board of Education in order to compel its compliance with the Labor Board’s Order pending the adjudication of the various proceedings in court. The Labor Board’s filing of this motion gives HCEA hope that the Board of Education will finally be forced into compliance.
Finally, amidst all the other filings in court, there is a battle over the proper venue for the hearing. The Board of Education is attempting to move the battle to Harford County. Such a move, however, appears unlikely as the Labor Board properly filed the matter in Anne Arundel County; and it is adamantly opposed to such a move.
It is time for the Board to stop spending its surplus dollars on legal fees fighting its basic statutory and contractual obligation to engage in negotiations with HCEA. The legal wrangling that has taken place to date reflects poorly on the Superintendent’s and this Board of Education’s regard for its employees, the students, or the working conditions that exist in the school system. Why is the Board of Education fighting this losing legal battle – throwing away good taxpayer dollars by doing so?
It appears that a hearing will be scheduled sometime during the week of May 21, 2012. We will keep you updated.
Randy Cerveny President – HCEA
I have to think that the pioneers of America’s labor movement would laugh if they saw what passed for “grievances” in today’s day and age. And no, I’m not singling out HCEA – my comment is directed at unions in general.
Mr. Perrone,
Why is it laughable when a contract agreement is violated? Tell you what, by extension of the logic applied to your comment – next time you sign a contract for work to be done, don’t pay the balance – laugh it off. Then tell your contractor that his wanting the balance of the agreed upon price is a laughable issue.
Don’t sign a contract with someone who can’t pay the bills, or at least demand a responsible person cosign.
It works for teenagers on credit cards and car loans, why wouldn’t it work here?
yes the but the contract was negotiated with the representatives of those people. The contract was not negotiated in good faith and that seems to be par for the course. If the middle man wants the third group involved perhaps they should get the third group to change the laws to permit them to come or at least do so!
That is the same old tired argument CDEV. The Exec and Council know what is going on with the income versus cash flow. HCPS seems to be incapable of understanding the reality and negotiates anything that gets the cry babies away from the table. It is a lousy system but it is what it is. Drop the entire union and attempt to establish a system whereby the County is part of the solution. If I were County Exec, I wouldn’t get within ten miles of a union like this.
The contract was signed with a clause about funds being available. The people who signed the contract, including the union, should have been well aware the funds were not available. When the union celebrated after signing that they had the increases, most informed people knew there would be no increase.
Now the union, who should have known, is saying they were mislead. If that is the case, the teachers need better, more informed, representation.
That’s not laughable. That’s why I said “I’m not singling out HCEA – my comment is directed at unions in general.”
I laugh when the unions drag out the tired argument of without their protection, the workers would be in horrible conditions, working long hours, etc, etc. What is the school (or any other union-protected office job) going to do? Switch to a 12 hour, 6 days a week schedule? Install rotating machinery and open electrical panels behind their desks, maybe remove beams from the roof?
Many teachers already work 12 hour days, deal with horrible kids and parents, etc, for salaried pay so I don’t see how much worse it could be beyond the school intentionally violating OSHA.
As these groups quibble about “surplus” money, others are losing their jobs and homes. State and county jobs are being cut in favor of hiring contract workers for half-pay and NO benefits. Give me a break. We may lose our house because because of piss-poor management by a certain county agency that has had to cut an entire department. Get real. Boo-hoo, we didn’t our bonus! Waaaah! You are all lucky you still have paychecks at all.
They weren’t complaining about not getting bonuses. They recently received them. The Union negotiated a raise with the BOE which was not funded by the County. Therefore, they didn’t get their raises. They cry when the majority of workers in all fields are not getting raises due to the economy. What do they expect?
The County should have lived up to the contract that was signed.
Whoever negotiated the contract for the County should be Fired.Even if the negotiator was a relative of Craigs
The contract is between HCPS and HCEA, the County government was not a party to the negotiation.
When is the Dagger going to stop publishing this whining trash? This is not news but editorial and belongs in a forum not a news page.
Which it clearly places on the top. Just like a letter to the editor in the paper!
Based on the numbers, it looks like less than 15% of the teachers in Harford County belong to the HCEA. HCPS reports approximately 2,800 teachers. The HCEA reports on its Form 990 $260,000 in dues income. At $600 per person per year, that is only 400 or so members, which is slightly less than 15%. I suspect the HCEA is losing more than a few members due to Cerveny’s poor negotiation performance. With less than 15% and dropping, the HCEA seems to be largely irrelevant. Maybe its time for the 85%+ who want nothing to do with the union to tell the Board of Education that the HCEA does not represent their interests.
Not all of ones dues go to HCEA. Some goes to MSEA and some the NEA. As far as what they do with it. Some pays for liability insurance, some pays for the HCEA lawyer amongst other things.
What does HCEA do with this money?
Joe,
What do they do with the money? Great question. I suppose they help their political cronies in Annapolis for one thing. No, wait, that didn’t work. Their cronies in Annapolis flipped them the bird by transferring pension funding to the county but keeping the money they collect at the state level. Maybe they get good advice on how to accept gracefully a bonus that they weren’t legally entitled to get but was offered to them anyway. No, wait, that didn’t work either. Maybe it pays for Cerveny. No, wait, etc., etc. What the heck do they do with the money?