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September 20, 2007

Tiverton teachers hit back at superintendent

TIVERTON -- The teachers union is balking at Schools Supt. William J. Rearick’s decision not to pay them for what he calls “the illegal job action” they took when they went on a one-day strike on Sept. 4.

In a letter Monday to Rearick, Patrick Crowley, assistant executive director of the National Education Association of Rhode Island, writes that the teachers are protected under the federal Fair Labor Standards Act, which requires salaried employees to be paid a “predetermined amount” which is “not subject to reduction because of variations in the quantity or quality of the work performed.”

Crowley said that Rearick’s decision could be interpreted to mean that the employees are now eligible for overtime pay for any hours worked beyond the statutory limits.

If that’s not Rearick’s intention, Crowley writes, “it occurs to me that the withholding of pay is a willful violation under the federal statute and may subject the violator to criminal sanctions.” The School Department, Crowley writes, could face up to $10,000 in fines for withholding the pay.

“Please clarify your understanding of the exemption status for the workers in the NEA bargaining unit in order for the members to adequately calculate the overtime paid owed to them in time for the next pay roll period,” Crowley writes. “If, however, the refusal to pay the teachers their agreed upon salary was inadvertent, we will work with you to remedy the situation as expeditiously as possible.”

Rearick faxed a copy of the letter to The Journal today. He could not be reached for comment.

This is the latest flap in the ongoing contract dispute between the Tiverton School Committee and the 200-member NEA-Tiverton union.

-- Journal staff writer Meaghan Wims

The teachers returned to work two weeks ago under the terms of a Superior Court consent order ordering the union and the School Committee to return to the bargaining table with an appointed mediator.

Both sides were set to meet again tonight.

The union voted unanimously Wednesday to only perform official duties detailed in their existing contract. They will still perform duties that involve helping students, such as writing recommendations and coaching, but they won’t participate on school-improvement teams, for example, Crowley said.

Posted by Mike McKinney  at 4:01 PM | Permalink

Comments

They want to be paid for being on struke!?!? What a state! Change the laws and these strikes will not happen again. Look at what NY and MA does, the law states you strike, you lose but as long as the General Assembly stays the same, it will never happen here...what a state.

dom | September 20, 2007 5:54 PM link

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