By VINAYA SAKSENA

EAST PROVIDENCE — A pay cut and health care co-pay may remain in place for local public school teachers unless the state’s Labor Relations Board issues a decision saying otherwise, according to a Superior Court judge’s decision announced Thursday.

In a decision released Thursday afternoon, Judge Mark A. Pfeiffer denied a request from the East Providence Education Association seeking an injunction to prevent the East Providence School Committee from implementing a decision to cut teachers’ pay and impose a 20 percent co-share for healthcare costs. The union, represented by National Education Association of Rhode Island (NEARI) General Counsel John E. Decubellis Jr., had sought to have the injunction put in place while awaiting the hearing of an unfair labor practices complaint filed with the Labor Relations Board, saying that the pay and benefit loss suffered in the interim would “irreparable harm,” according to the text of Pfeifer’s decision.
“Although the Union contends that it will suffer irreparable harm unless this Court prohibits the Committee from reducing wages and mandating a contribution for health care benefits, it is important to note that these changes simply are pecuniary in nature,” Pfeiffer wrote in his decision. “The changes do not affect the teachers’ health care benefits – only the cost to the teachers for such benefits. In other words, the teachers will retain the same coverage and access to physicians as they did under the expired (Collective Bargaining Agreement). While this Court is sympathetic to the additional costs and potential financial hardships these changes will have on the teachers, financial hardship alone does not rise to the level of irreparable harm under the law.”
Pfeifer went on to say that the proper venue for the union’s grievances would be the Labor Relations Board, and that it would not be proper for a judge to make a final ruling on the matter unless it could not be resolved in a hearing before the board.
Attempts to reach Decubellis, a union representative and members of the School Committee for comment had been unsuccessful as of press time. However, NEARI Communications Director Karen Comiskey Jenkins responded with a written statement, expressing disappointment in the judge’s decision.
“We are disappointed in Judge Pfeiffer’s decision to deny the restraining order that would have stopped the East Providence School Committee from unilaterally rolling back teacher salaries and implementing a 20% co-share for health care,” Jenkins wrote. “Teachers are being harmed by the loss of pay but we have confidence that the union has a good argument before the Rhode Island State Labor Board, who has initial jurisdiction in the case.”
Jenkins added that NEARI and the union were “considering all their options, based on the judge’s decision,” including the prospect of appealing Pfeiffer’s decision to the state Supreme Court. She also said that given the anticipation of “increased revenue for education” via U.S. President Barack Obama’s economic recovery proposal, the School Committee “could put an end to this contract dispute by accepting the arbitrator’s award and or sitting down with the teachers in serious negotiations.”
Meanwhile, Assistant City Solicitor Matthew Oliverio said he and other city officials were happy with Pfeiffer’s decision. Oliverio, who had previously sought to have the city recognized as an interested party in the matter when it was heard by Pfeiffer earlier this month, said city officials were considering whether or not to get involved in the dispute before the Labor Relations Board as well, though he noted that the results would be of interest well beyond the city’s boundaries regardless of the outcome.
“Of course, it has implications statewide,” he said. “Every district is looking at this case.”