NFT Files Unfair Labor Practice

The Neshaminy Federation of Teachers [NFT] has filed an unfair labor practice with the Pennsylvania Labor Relations Board for alleged violation of the Public Employee Relations Act.

This legal challenge is in in which he advised Boyd to "discontinue the dissemination of union propaganda to parents while on district property," which he stated violates district policy.

Also in the same letter, Muenker informed Boyd that using the district's "confidential, proprietary database in order to obtain parent names and phone numbers for its union purposes" violates district policy.

An unfair labor practice is filed for an alleged violation of the Public Employee Relations Act, school board member William O'Connor said Thursday.

According to the charge of unfair practices, members of the bargaining unit have historically been "permitted to speak with parents of the district freely and without limitation, and no effort has been made by the district to restrict that speech, either its content or its location."

In addition, the charge also states that historically, "there has been no restriction by the district upon employees in the bargaining unit concerning use of the district's property during non-work hours."

On Aug. 15, the district held an orientation course for new school students where members of the NFT "stood immediately outside of the building at a door through which parents would pass to the event. At that time the teachers -- all of whom were employees of the district -- politely and professionally greeted the parents and offered a piece of literature dealing generally with the education of the children and addressing in a high-tone fashion the controversy between the parties. At no time and in no fashion did bargaining unit employees ever block, obstruct or otherwise limit access to the buildings or act in other than a thoroughly peaceful, professional, courteous and polite fashion," as stated in the legal challenge.

It was after this event that Muenker issued an "edict prohibiting future presence of employees on school property for the purpose of distribution of literature involving the dispute."

In addition, the legal challenge states that the district also "disparately enforced a no-solicitation policy against the union and teachers, as it has in the past, allowed other groups to have access to parents on school property during similar events."

According to filing, Muenker's order was meant to "restrict, limit and chill" the NFT and its members' rights as well as to "silence" the union in its efforts to represent teachers during the contract impasse.

O'Connor stated on his blog that since July 2010 the NFT has filed nine grievances, including five unfair labor practices against the district. He stated that a grievance is "an appeal of an alleged contract violation, a past practice or a disciplinary action as governed by a collective bargaining agreement."

Also stated in the filing, the school board "regularly utilizes the public school board meetings -- held on school [district] property -- to castigate and condemn the union and its efforts to secure a collective bargaining contract."

If the Pennsylvania Labor Relations Board sides with the school district, teachers will not be able to pass out literature about the impasse on school property. However, if the board sides with the NFT and finds that the union is within its rights, members can continue to distribute the literature.

Boyd and the NFT did not have a comment on this unfair labor practice.

Patch will continue to bring you updates on this story as it becomes available.