Judge Allows South School Investigation To Continue

ANDOVER, MA — The hostile work investigation at South Elementary School is continuing, after a Superior Court judge declined to grant an injunction. In response to a petition by the Andover Education Association, Judge David Deakin wrote that the union's allegations are serious, but that the evidence did not show that greater harm would result from allowing the investigation to continue. The union has said the investigation is an attempt to chill union activities, while the district has maintained it is only a response to allegations received from employees at the school.

"The allegations presented by the Union are both serious and troubling," Deakin wrote. "That the court cannot, on this record, issue the injunction sought by the Union by no means predicts that, in the end, the School District will not be found to have acted improperly. As the record before the court, however, does not establish that the greater harm will result from denying the injunction, the Union's Motion for Temporary Restraining Order is DENIED."

The judge deferred a decision on the merits of the union intimidation claim to the state Department of Labor Relations, where the union filed an unfair labor practices suit on Dec. 10. In a press release following the judge's decision, Superintendent Sheldon Berman wrote that the district's response to those charges, filed Dec. 26, "show that the AEA’s claims are unsubstantiated."

Berman quoted from the judge's decision, "Curtailing the School District's ability to investigate the nature and scope of the problem(s) at South Elementary by issuing the proposed injunction essentially would force the School District to allow apparently serious workplace difficulties at an elementary school to fester unaddressed during the pendency of the injunction."

In its own release following the decision, the union noted that the judge did see evidence going there way, even though he did not grant the injunction. “There is certainly evidence of troubling actions by School District officials, including the principal at South Elementary," they quoted.

“The [Andover Education Association] understands the limits of what the court could do in this situation, and the association appreciates the judge’s assessment about the likely harms done to the [Andover Education Association] and its ability to address members’ concerns at South Elementary School,” said [Andover Education Association] President Matthew Bach in a statement.

The union filed another charge before the Department of Labor Relations earlier in December, alleging union intimidation by South Elementary School principal Tracey Crowley.

See also: Union, Supporters Rally At South School Against Investigation

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.