A PETITION
Addressed to:
The Rhode Island State Labor Relations Board

This Petition is addressed to the members of the Rhode Island State Labor Relations Board (SLRB). It addresses the unfair labor practice charge filed by the East Providence Education Association (UNION) to prevent the East Providence School Committee (SC) from implementing cost-saving reforms affecting teacher pay and benefits. These cost saving measures were required to comply with state and city laws prohibiting deficit spending and limiting tax increases. The clear objectives of these reforms are to stop illegal school department deficit spending, to prevent the City of East Providence from financial collapse, to avoid devastating tax increases above those allowable by city and state tax cap laws, and to re-focus school spending and available tax dollars on student education.

The undersigned contend that the SLRB should reject the UNION charge for the following reasons:

• Title 16 of the R.I. Education Law and Article IV of the East Providence City
  Charter forbid deficit spending;
• Titles 16 and 44 of the R.I. General Laws limit property tax increases to a
  maximum of 5% this year and East Providence City Ordinance 16-53 limits the
  maximum annual property tax increase to 3.5%;
• Title 28-9.3-4 limits teachers’ contracts to 3 years.

2) The SLRB does not have the right or authority to interfere with the financial management powers over school budgeting and spending the People have specifically delegated to school committees through their State Constitution and democratically-elected representatives in the General Assembly.

• The R.I. Constitution grants absolute authority over education to the General
  Assembly which has delegated to local school committees the authority to
  allocate limited public tax dollars to implement educational policies in a
  manner which does not result in deficit spending; and
• The SLRB has no jurisdiction to make decisions in an area where the General Assembly has given decisional authority over that area to the SC.

3) Although the financial crisis facing the City and the reductions in teacher compensation are unfortunate, no unfair labor practice has occurred in this case.

• The implementation by the SC of its program of cost-saving reforms to
  teacher compensation was both justified and legal under the circumstances
  because the SC resorted to this action only after the UNION contract had
  expired, after contract negotiations had failed, after mediation, and after
  arbitration; and
• The labor laws clearly provide that employers have the right to unilaterally
  implement terms and conditions of employment in such circumstances; and
• The SC respected the collective-bargaining rights of teachers by bargaining in
  good faith and following all procedures required by labor law during all phases
  of the negotiation process.

4) Concern for fairness and the public interest compel a denial of the request of the UNION and an affirmation of the actions of the SC.

• It clearly is not in the public interest to observe the terms of an arbitration
  decision that will result in illegal deficit spending and drive the city to the verge
  of bankruptcy at a time when even the most basic educational needs of its
  students are not being met.

The undersigned therefore believe that the SLRB should reject the UNION
charge. The SC decision should be upheld on the basis of all the points of fact, law, and fairness set forth in this petition.

THE UNFAIR LABOR CHARGE OF THE UNION SHOULD BE DENIED

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