Andover Teachers Union Staged Illegal Strike: State Labor Board

ANDOVER, MA — The Andover teachers union undertook an illegal strike when teachers refused to enter school buildings for the first day of professional development, Aug. 31, the state labor relations board found Tuesday.

While the union did not refer to its action as a strike and participants did not refuse to work, the board found that a refusal to enter school buildings constituted a strike.

"The Union cites to no legislation, permission, reasonable accommodation or bargained-for agreement that permitted its members without consequence, to unilaterally dictate where they perform their work," the board wrote. "Section 1 of the Law defines a strike not only as a full or partial refusal to perform duties of employment but as a public employee’s refusal 'in concerted action with others, to report for duty.'"

Under state law, public employee unions are barred from striking.

The union voted to begin the school year working remotely while "planning continues for a phased in, safe return to in-person learning based on agreed upon community health guidelines" and attributed its decision to "the Superintendent and School Committee's lack of good-faith bargaining over how to maintain the health and safety of educators and students in the reopening of schools."

>>Andover Teachers Union Votes To Begin School Year Working Remotely

The union argued that its members still performed their work from outside the school buildings, but the labor board concluded otherwise: tasks including Wi-Fi testing, wayfinding, classroom set up and tagging furniture were impossible from outside the buildings.

"In this unique 2020-2021 school year, where safety and health concerns dictate social distancing, masking requirements and internet-based lessons, we view activities that require teachers to familiarize themselves with these new protocols and ensure that they work properly as intrinsic to the teachers’ duties," the board wrote.

The union's action lasted only one day; the union voted to enter school buildings beginning Sept. 1. The board disagreed with a School Committee argument that a strike was imminent.

>>Andover Teachers Union Votes To Return To Schools

The board found, however, that the union only suspended the action, rather than disavow it, so the union and its leadership are ordered to "immediately cease and desist from engaging in any strike, work stoppage, slowdown or other withholding of services." The union leadership are also required to inform the membership of the decision.

“We are grateful for the CERB’s consideration and timely decision. We recognize this case has implications for public school districts across the Commonwealth and their efforts to provide students with in-person instruction during this unprecedented time,” said Andover School Committee Chair Shannon Scully in a statement. “We are fortunate to have so many talented educators in Andover and we are pleased they have returned to work focused on important preparation to welcome students back to school next week.”

Patch has requested comment from the Andover Education Association and will update this story as soon as it is available.

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