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WERC ruling a 'critical victory' for Peshtigo teachers

8/19/2009 1:22:40 PM

In a ruling described as “a critical victory” for the association, the Wisconsin Employment Relations Commission has ruled that the Peshtigo School District and Superintendent Kim Eparvier repeatedly violated the teachers’ collective bargaining agreement during the 2007-08 school year as well as interfered with members’ protected concerted rights and retaliated against those individuals for engaging in protected concerted activity.
 
Among the violations cited by the WERC were:

• Refusing to compensate elementary teachers for assigned work.
• Denying teachers association representation during a meeting.
• Interfering with the association’s choice of representation by trying to undermine the local association president and UniServ director.
• Threatening to lay off elementary teachers if the association succeeded in its grievance.
• Introducing association e-mails at a hearing for the sole purpose of harassing or intimidating the association.

But beyond these findings, association leaders said one of the most important things to come out of the process and decision was the Peshtigo Education Association becoming a stronger association, united to establish working conditions free from intimidation, harassment and fear so that members could do what they were hired to do – teach children. 

Peshtigo Education Association officers celebrate their victory in a ruling by the Wisconsin Employment Relations Commission. They are (left to right) Mimi Schahczenski (past Treasurer), Danny Smith (President), Betsy Bradley (Grievance Chairperson), Paula Fochesato (past Vice President), and Terri Gaedke (Secretary).

“Given the superintendent’s attempt to ‘divide and conquer’ the association and his history of authoritative, dictator-like style, it was difficult for the bargaining unit members to stand up to the superintendent,” said United Northeast Educators UniServ Director Kim Plaunt. “Despite his efforts, the association stood together to fight his actions, and overwhelmingly prevailed.”
 
Members of the PEA celebrated the ruling, saying it comes as a relief after years of deteriorating relations with the district and intimidation on the part of the superintendent.
 
"We are ecstatic regarding the decision by the WERC,” said President Danny Smith, adding however that the fear of retaliation continues.
 
PEA Vice President Paula Fochesato and Secretary Terri Gaedke thanked WEAC and UNE for their support throughout the process.

“We really know now what our union dues are for!” Fochesato said. “We received the absolute best support from WEAC Legal Counsel, Melissa Thiel Collar and UNE Director Kim Plaunt. We credit them with much of the success of our suit."
 
In an interpretation of the WERC decision, WEAC’s Thiel Collar said “it was clear that the examiner understood that the superintendent was determined to govern the district how he saw fit, irrespective of the collective bargaining agreement and bargaining unit members’ statutory rights.”
 
“When the new leadership, including the new UniServ director, would not acquiesce to his unlawful conduct, the superintendent engaged in great and heightened unlawful retaliatory activity, which further substantiated the association’s claim,” Thiel Collar wrote.
 
PEA members painted a picture in which intimidation and harassment created ongoing tension in the workplace, particularly in the elementary building. As relationships with the superintendent eroded, working conditions and morale deteriorated.  But it was this intimidation and harassment that unified the association to uphold the terms of the collective bargaining agreement and also to ensure that members could teach in an environment free from vitriolic conduct.
 
"Prior to the prohibited practice complaint, the relationship between the superintendent and the union membership was in a downward spiral for years,” said Grievance Chair Betsy Bradley. “In 2007, we reached a breaking point!  We had had enough of the trampling of our union contract!"
 
"It was a most difficult time for all of us,” Fochesato added. “Stress levels were very high and morale was very low. All feared retaliation for any union actions."
 
"In order to do our job well last year, it was necessary to compartmentalize the Prohibited Practice, stick together as an association, and focus on the children in our classroom," added PEA Treasurer Mimi Schahczenski.
 
Smith and Gaedke said they were hopeful that, with this definitive ruling, relationships with the school board will now begin to improve.  They also stressed that staying unified is often easier said than done, but here it was the key to their eventual victory.