Union members’ complaint against BOE recommended for dismissal

NORWALK, Conn. – A labor complaint filed against the Norwalk Board of Education has been recommended for dismissal by the state.

The complaint filed in 2013 by Alvin Mosby, Tony Miller, Clyde Richards and Paul Kaminski alleges that the BOE bargained in bad faith with Local 1402 of Council 4 of American Federation of State, County and Municipal Employees (AFSCME) in a contract that changed the characteristics of their retiree medical insurance. Katherine Foley of the Connecticut State Board of Labor Relations recommended on Monday that the complaint be dismissed.

Mosby’s father, John Mosby, said an appeal would be filed.

“There is no reason to believe the outcome would be different,” Attorney William Connon wrote to BOE Chairman Mike Lyons in an email.

The new contract was signed May 13, 2013, and is effective through June 30, 2016.

Under the old contract, a retiree continued to be covered by the board’s insurance plan until they became eligible for Medicare, paying the same premium cost as when they were active employees. A spouse was also covered. A Medicare supplement plan, including a prescription drug rider, also was provided with no premium cost share.

Under the new contract, the board pays the full yearly health insurance premium for the employee who retires at age 59 until the employee is 65 or covered by Medicare. The board pays half the premium for a spouse. An employee who retires at 55 can continue board insurance by paying the entire premium. Same goes for the spouse.

The complainants say they were not informed of the change. Foley’s letter says there was an April 6, 2013, union meeting, where there was a fact sheet distributed that detailed the changes. The union ratified the contract.

Miller spoke to the board at Tuesday night’s meeting.

“I went to the union meeting on April 6,” he said. “There was no contract there. I was there. Next thing I know the contract was passed. We didn’t even see it. It’s sad because Norwalk is better than this. We got people in charge, myself, the community, we got to do a better job.”

Alvin Mosby also spoke to the board, about “ a contract I haven’t seen.”

“It seem like no one cares about anything,” he said.

On Feb. 10, 2014, the complaint was amended to include union president Stanley Shular as a respondent. The union deliberately misled union members in collusion with the BOE, the complaint asserts.

“There is nothing on the record to even remotely suggest that the School Board acted in bad faith with the union over the recently concluded negotiations that resulted in a successor collective bargaining agreement,” Foley’s decision reads. “Complainants presented no evidence whatsoever that the School Board conducted itself in an insincere manner at any phase of the negotiations.”

Alvin Mosby Decision Case # MPP30372