"The State Labor Relations Board reported it has dismissed unfair labor practice charges filed by the East Providence School Committee against the teacher's union alleging failure to bargain in good faith (ULP-5933)," said William Felkner, president of OSPRI, "but we learned this after hearing the news that they did issue a complaint based on the same circumstances filed as charges by the union against the school committee (ULP-5946)."

As background, complaints by the Board reflect that the charges have jurisdictional substance and may give rise to a finding of unfair labor practice.  They are not meant to reflect on the merits of the case but lead to a formal hearing to weigh those merits.  

The extensive submission of the School Committee details compromises offered by management and intransigence by the Union in attempting to set conditions for negotiation in over 3 pages of documentation for the basis of the charges. These are only allegations that have not (and apparently will not) have a hearing, but it is remarkable that the Board should have thought such serious charges if true, did not amount to a refusal to bargain.

Yet, the board did find evidentiary circumstance that may constitute bad faith on the part of the school committee based on a complaint consisting of 2 sentences that quote the school committee as saying that "no substantive discussion had occurred []." This is not to say that a charge cannot be brief and to the point, but the mere fact that no discussion has occurred offers no evidence whatsoever as to what party is responsible for the breakdown in negotiations and who is really refusing to come to the table. Both sides essentially alleged that the other wouldn't come to the table, yet one set of charges was sustained and the other dismissed.

"How the SLRB made this decision is puzzling and will remain so because the decisions are made behind closed doors," said Felkner. "Why these decisions are made outside of public view is one more mystery."

In the vast majority of cases, these SLRB "executive sessions" do not contemplate confidential personal information or engage in "investigative" function. Rather, they generally constitute the board debating law and policy analysis applied to alleged facts and pleadings that are themselves public records.

The apparent use of the 'civil investigations' exemption to the open meetings law (RIGL 42-46-4 et seq) seems potentially a violation of the letter of the law and is certainly a violation of its spirit.

Furthermore, charges and pleadings, which are by rule and statute public documents, are not posted on the board's web site. While not illegal, this omission is more evidence of an opacity that frustrates the public's ability to track and understand the basis for "administrative dismissals" of charges such as those filed by the East Providence School Committee.

"Without any real explanation of why the Board dismissed the School Committee's charges, OSPRI cannot charge that the Board is biased," Felkner continued. "But, if the State Labor Relations Board wishes to allay growing suspicions that it is biased towards labor, records and process should be made accessible, the rational for administrative dismissals should be explained in each case, and any claim of exemption from open meetings law should be justified on both legal and prudential grounds on a case by case basis before erecting the shield of executive session."
 
About OSPRI:
 
Created in 2007, our work is focused on crafting sound public policy based on the principles of free enterprise, limited government, and traditional American values. We offer timely research and analysis on important issues to be shared with elected officials, the media, business leaders, community organizations and individual citizens. In recent months, we have been responsible for such successful projects as the Transparency Train - A public financial and legislative information repository, as well as regular updates published and available on our website and companion blog.
 
About The Transparency Train:
 
The Transparency Train Web Portal (www.transparencytrain.org) provides access to a variety of websites designed to provide public information in a Google-style searchable format. These sites include:
RI Data which contains every budget, payroll, public employee contract and monthly check register for all cities, towns and school districts in Rhode Island.
RI Votes which is an online database of legislation and voting records.
Take Action, a "how-to" manual that shows citizens how to file Freedom Of Information Act requests for public information and what to do if they don't comply.
 

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