Central Falls School District Board of Trustees v. Central Falls Teachers Union, C.A. No. PC 07-4684 (R.I. Super 8/7/2008), C.A. No. PC 07-4684
| Decision Date | 07 August 2008 |
| Docket Number | C.A. No. PC 07-4684 |
| Parties | CENTRAL FALLS SCHOOL DISTRICT BOARD OF TRUSTEES and FRANCES GALLO, in her capacity as Superintendent of Schools, Central Falls School District v. CENTRAL FALLS TEACHERS UNION |
| Court | Rhode Island Superior Court |
In this action for declaratory and injunctive relief, the Central Falls School District Board of Trustees and its Superintendent (the "District") move for summary judgment and ask this Court to declare that the grievance filed by the Central Falls Teachers' Union (the "Union") over the District's decision to promote Steven DeLeo over another candidate to the position of English Department Chair of Central Falls High School is not an arbitrable dispute. They also ask this Court to enjoin the pending arbitration.
The District's position is that, under its collective bargaining agreement with the Union (the "CBA"), it did not agree to submit disputes over its determination of a candidate's qualifications for promotion to arbitration, and even if it did, the weighing of qualifications for the English Department Chair is a non-delegable statutory duty vested in the District. The District also argues that intervention in Central Falls' failing school system by the State Commissioner of Education, requiring an increased leadership role for department chairpersons, eviscerates any contrary arbitration rights of the Union.
The Union opposes the District's motion for summary judgment and its requests for declaratory and injunctive relief, asserting that the CBA submits any dispute over the promotion of a person to English Department Chair to arbitration and that such a determination is a delegable duty. The Union also contends that when the Commissioner of Education intervenes in a failing school system, he or she does so subject to the rights contained in an existing collective bargaining agreement.
For the reasons set forth in this Decision, this Court grants the District's motion for summary judgment. This Court declares that the District's decision to promote DeLeo to the position of English Department Chair, based on a finding that he was the better qualified candidate, is committed to its sound discretion and managerial prerogatives under the CBA and state law, is non-delegable based on the statutory powers conferred upon it and the Commissioner and is thus non-arbitrable. As the Union never sought to grieve the District's qualification determination based on an argument that it reflected bad faith, this Court enjoins the pending arbitration.
The Rhode Island General Assembly created the Central Falls School District Board of Trustees to govern the Central Falls School District after it determined that the City of Central Falls no longer could fund its school system adequately. See R.I.G.L. § 16-2-34. The Board of Trustees, in addition to the powers conferred on it by §16-2-34, possesses the same powers and duties as regular municipal school committees constituted under R.I.G.L. §16-2-9. Id. The Board of Trustees appoints a Superintendent of Schools who is responsible for the day-to-day operations of the School District. Id. §§ 16-2-34(h), 16-2-9.
The Board of Regents for Elementary and Secondary Education is a public corporation charged with oversight of the State's elementary and secondary education institutions. Id. §§ 16-60-1 et seq. It appoints a Commissioner of Elementary and Secondary Education who serves as the "chief executive officer of the board of regents and as the chief administrative officer of the department of elementary and secondary education." Id. § 16-60-6. The Board of Regents appoints members of the Board of Trustees, upon nomination by the Commissioner. Id. § 16-2-34(b).
In the case at bar, the Union and the Board of Trustees entered into a CBA, effective from September 1, 2005 through August 31, 2008. In June 2006, the position of English Department Chair at Central Falls High School became vacant. The District concedes that the English Department Chair is a "promotional position," as defined by the CBA. Complaint ¶ 11. The District posted the vacancy, seeking applicants for the position of English Department Chair with the following qualifications: 3 years of successful teaching experience in English; a Master's Degree in English or Secondary Administration; a valid Rhode Island teaching certificate in English at the secondary level; and a minimum of 3 years teaching experience in the Central Falls system. The posting identified the Principal of Central Falls High School as the immediate supervisor of the English Department Chair. It further stated that the English Department Chair would "[a]ct as agent between the Principal's office and all teachers of the Department" and "perform all duties required by the Principal." The posting also outlined additional administrative and educational duties of the English Department Chair. See n.10, infra.
Both Steven DeLeo and Marie O'Neil applied for the position of English Department Chair. Although O'Neil had seniority over DeLeo, the Interim Superintendent for the School District, William R. Holland, determined that DeLeo was more qualified for the position. He explained that he "felt that Mr. Steve DeLeo's record of success in the leadership roles he has assumed at the High School made him better qualified for this position at this point in time." Based on the recommendation of Dr. Holland, the Board of Trustees appointed DeLeo as English Department Chair.
In accordance with the CBA, on September 11, 2006, the Central Falls Teachers Union filed a Level 1 Grievance on behalf of O'Neil, contending that the District violated Art. IV, Sec. 1, entitled "Promotions/Promotional Qualifications" and Art. IV, Sec. 2, entitled "Department Chairs," by not selecting O'Neil as English Department Chair.1 On September 14, 2006, Central Falls High School Principal, John W. Kennedy, denied the Union's Level 1 Grievance. In denying the grievance, he stated:
1. ... the key point that should be considered is the administrative and leadership functions that are a part of the duties of department chair. These are described in the duties section of the posting and were addressed during the interview process.
2. The thoroughness of the responses provided by the other candidate as to the qualities of leadership and involvement needed by the incoming individual were sufficient to weigh the selection for English Department Chair in his favor.
Thereafter, on September 18, 2006, the Union filed a Level 2 Grievance with Interim Superintendent Holland. On October 2, 2006, after a hearing the prior week, he denied the Level 2 Grievance.
On October 5, 2006, the Union then filed a Level 3 Grievance with Ms. Anna Cano-Morales, Chairperson of the Board of Trustees. On February 16, 2007, the Board of Trustees also denied the grievance. It advised the Union that it did not believe that the choice of English Department Chair is an arbitrable matter, but instead is a management prerogative.
On March 14, 2007, the Union filed a demand for arbitration pursuant to Art. III, Sec. 3 of the CBA. The Union seeks to arbitrate whether O'Neil possessed qualifications for promotion that were at least equal, if not superior, to DeLeo's qualifications such that the Interim Superintendent should have promoted her based on her seniority. The District informed the American Arbitration Association that the matter was not arbitrable and that it would seek to enjoin the arbitration. As the AAA does not involve itself in disputes over arbitrability, it proceeded to schedule the arbitration.
After the initial scheduling of arbitration, the District submitted a corrective action plan to the Board of Regents as part of its attempt to comply with the Commissioner's directives to remedy Central Falls High School's status as an underperforming school.2 A key element of this plan was to ensure that the department chairpersons at Central Falls High School took on an increased leadership role in the instructional process to aid in the implementation of the corrective action plan. Commissioner of Education, Peter J. McWalters, endorsed the proposed changes to the role of department chairpersons. Commissioner McWalters stated that the change in the responsibilities assigned to department chairpersons was significant enough that a reposting of the offices may be required to fill them with qualified persons. The Union responded to him on August 6, 2007, endorsing the substance of the revisions to the job description for department chairpersons, but opposing the re-posting of the positions.
On October 17, 2007, Dr. Frances Gallo, who had become the new Superintendent since the processing of the subject grievance, informed the Union that she had been authorized by the Board of Trustees to reconsider the grievance filed by O'Neil, as Dr. Gallo had not been involved in the original promotional decision. Dr. Gallo summarized that grievance as claiming that "Ms. Marie O'Neil was equally or better qualified than Mr. DeLeo, and more senior, and accordingly that she should have been given the position." She stated that, on review of the qualifications of O'Neil and DeLeo, it appeared that they were "relatively equal" and that it would be in the best interest of the District to re-interview them and any other candidates who might be interested in the position. As a result, she granted the grievance in part and denied it in part and declared the position of English Department Chair vacant. She continued DeLeo in that position in an acting capacity and indicated that she intended to re-interview candidates for the position, not as an admission that any procedures were not followed properly in the prior interview process, but to ensure that she had the most qualified individual for the job.
After a meeting between the Union and the Superintendent Gallo on October 24, 2007,...
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