Schools chief gives her views on stalled teacher talks

Judith Ferguson reacts to rumors about teachers not volunteering for certain jobs until contract negotiations are settled

By Ruth Luse, Managing Editor
   In light of recent concerns about the stalemated negotiations between the Hopewell Valley Education Association (HVEA) and the Hopewell Valley Regional Board of Education, Superintendent Judith A. Ferguson on Sunday e-mailed parents a status report on the situation.
   On Monday, Dr. Ferguson said her report — in the form of a Q&A — was given “in direct response to recent rumored announcements by secondary-level teachers that numerous planned student activities — including but not limited to the prom, foreign exchange trips, after school enrichment programs and other activities — would likely be canceled due to their collective decision not to voluntarily fill these positions given protracted negotiations. Numerous teachers have announced they will not agree to work on an hourly, paid basis for after school jobs until negotiations are settled.”
   Dr. Ferguson’s concerns about the “rumored announcements” are shared by at least one Central High student who e-mailed the HVN Tuesday morning. The student said, in part: “The HVEA has decided to bar teachers from supervising extracurricular activities that they are not being paid extra for at the high school and Timberlane Middle School. So, this means no clubs after school, such as Spanish or Japanese club, no Battle of the Bands, and perhaps the one that has caused the most protest, no prom.”
   The student also expressed concerns about planned Spanish and French exchange trips this year, saying some students “have already paid $500 to do this trip.”
   DISTRICT TEACHERS have been working without a contract since June 30 when their last pact expired.
   Back in September when 400-plus union members demonstrated in front of Central High School, where the school board was meeting at the time, union President Bernadette Schetler said, “Our main issues are the same are everyone else’s — salaries and health benefits.”
   This was the first time in 37 years that the Hopewell Valley teachers started a school year without a contract or a tentatively approved contract, according to Kathryn Coulibaly of the New Jersey Education Association.
   Below is a transcript of Superintendent Ferguson’s e-mail explaining the school board’s side of the issue to parents: Her Q&A reads:
    Q. What is the current status of negotiations with the teachers’ union?
   A. The board and the HVEA began negotiations early in 2007. An agreement was not reached prior to the end of the school year. The HVEA filed for impasse with the state and declined to continue negotiating over the summer even though the board was prepared to do so.
   Filing for impasse results in the appointment of a third party mediator whose role is to facilitate a settlement. Impasse is not an unusual occurrence in negotiations in the public sector in New Jersey. In fact, the school year began with numerous unsettled school employee contracts and many remain unsettled. Since September, the appointed mediator has conducted two sessions with the board and the union. The board has encouraged the continuation of negotiations with and without the assistance of the mediator, whose schedule is quite full. Three more sessions are scheduled before the end of this calendar year — two without the mediator and the third session with him.
   Q. Has the board settled negotiations with other bargaining units?
   A. Yes. Agreements have been reached with network administrators, maintenance and custodians, and supervisors of our buildings and grounds. Negotiations are continuing with secretaries and paraprofessionals.
   Q. Are the teachers “working without a contract”?
   A. No. The board and the teachers are bound by the terms and conditions of the prior contract which, in effect, freezes all salaries and benefits until a new agreement is reached.
   Q. What is the nature of the job action the teachers seem to have engaged in recently?
   A. I am told that union leadership requested its members not to undertake any voluntary or non-contractual assignments such as supervision of dances, supervising the Thanksgiving Powder Puff competition at the high school and special activity nights at the middle school. I believe they also have asked that teachers not volunteer to run clubs gratis.
   Q. How will this job action impact our students?
   A. Hopefully, the impact will be minimal. We are confident that teachers will continue to fulfill their professional responsibilities to students including writing recommendations for college and continuing their contracted extracurricular activities. These responsibilities, even though they may fall outside of the school day, are considered a teacher’s professional duty.
   If need be, administrators will seek parent volunteers, employ substitute teachers and/or supervise activities ourselves rather than cancel important planned activities such as the foreign exchange program.
   Q. Is it appropriate for teachers to discuss negotiations with students?
   A. We expect secondary students to question teachers about school-related issues. Teachers are expected to respond factually and objectively without advocating for student involvement in union issues. In addition, classroom discussion should be focused on the curriculum and not be used as an opportunity for teachers to discuss personal economic issues. Parents can help by explaining the process of negotiations and compromise to their children.
   Q. Why hasn’t a settlement been reached?
   A. The board cannot answer this on behalf of the union; however, the board believes it has negotiated in good faith throughout the process and has made a fair and reasonable offer, which has been rejected by the HVEA negotiations team. Beginning with the 2007-2008 school year, the board has been faced with new spending constraints that limit the increase in the tax levy to 4 percent. The board must balance employee compensation, which constitutes the majority of the operating budget, with the demands of this community for high quality programs and services for students.
   Q. What issues are in dispute?
   A. Major issues are salary and employee contributions toward their health benefits.
   Q. What has the board offered?
   A. At this time, it would not be prudent to reveal all the details of the board’s offer. In general, however, the board is prepared to provide reasonable salary increases in exchange for modest adjustments in contributions toward health insurance premiums and plan changes.
   Q. Is the board proposing that teachers lose their health insurance coverage?
   A. No. The board has never proposed the elimination of coverage for eligible employees and their dependents. Proposals have been made for plan changes to help contain rising costs. Under the board’s proposals, employees would shoulder only a small percentage of the total cost. The board has no intention of eliminating the generous package of employee benefits our teachers have enjoyed.
   Q. Should I believe everything I hear?
   A. Of course not. In fact, only a limited, few people have complete knowledge about the details of negotiations. Rumors are often based on misunderstandings and misinformation and run rampant during tense moments. I encourage those who are not directly involved in the process to resist taking actions that could further complicate negotiations.
   Q. When will negotiations end?
   A. We don’t know. A relatively new law that was backed by the New Jersey Education Association (NJEA) requires that boards and unions reach an agreement on the labor contract. Formerly, boards were permitted at some point to impose a settlement although this was done rarely and reluctantly (and never done in Hopewell Valley). The new law establishes a multi-step process that the parties must follow when they are at impasse. The parties are in the first step of that process, which is mediation. If mediation does not result in a settlement, the state will appoint new neutrals in a continued effort to assist the parties during the additional stages. This can result in a long and protracted process, which the board hopes to avoid.