Bourne Gets School Job Back

Former board of education payroll supervisor Christine Bourne will be back at the job she was transferred from against her will in 2010 by the city, after an arbitrator ruled she was removed without just cause from her union-protected job.

In a decision issued July 29, Arbitrator Roberta Golick found the City of Middletown acted without just cause by removing AFSCME Local 466 member Bourne from her position as payroll supervisor at the Middletown Board of Education and moving her to program/budget analyst in the Parks and Recreation Department.

The involuntary transfer took place in December 2010 amid high tensions and contentiousness between the city and the education board after Bourne was one of two BOE employees who reported intended misconduct ahead of a financial audit. 

The ruling says the city illegally transferred Bourne to the city job after she red flagged the school board's financial practices, during the seven-year tenure of former Superintendent of Schools Michael Frechette. 

The documents say that on May 14, 2010, as the city council announced a forensic audit of the Board of Education, then-Mayor Sebastian N. Giuliano was alerted by the city's personnel director that "BOE employee Tracy Vess had overheard BOE Business Manager Nancy Haynes speak of a plan to shred BOE documents in anticipation of the audit." 

In her ruling, Golick wrote, “There is no way to sugar coat the facts: Ms. Bourne was treated horribly by the Board of Education. And when push came to shove, the city punished the victim.”

Bourne says she's relieved her fight is over. "I'm thrilled. It's been a long haul for my family. It's been a long haul emotionally. I'm really looking forward to going back to the job," says Bourne, who ran unsuccessfully as mayor in 2011 on the independent ticket.

"I came over here with good attitude," she said, referring to the parks department, "they were very welcoming to me, but I left 16 years of friendships over at the board of education."

Mayor Dan Drew says a decision from a neutral arbitrator was expected on this issue. 

"We're going to respect the arbitration process and continue to move the city forward," he says, and Bourne will be reassigned to her board of education job. 

"This is an arbitration of a decision that was made by my predecessor," Drew says. "We decided as part of our settlement agree that we would refer to this question because there were a number of outstanding issues between the city and board of education."

Bourne disagrees, saying her grievance covered actions by both Drew's and Giuliano's administrations.

According to the arbitration document, in October 2012, the board of education payroll supervisor was open and Bourne applied. Her email to Deputy Director of Personnel Kathie Morey asking her application receive preference because she was the only applicant for whom the job would not be a promotion was refused.

Last October, Drew announced a global agreement with the city, Board of Education and the local labor union to drop one lawsuit and 26 labor grievances brought by city teacher employee union members. 

With this second of two suits filed during Frechette's leadership of the school board and Giuliano's tenure, Drew championed the willingness of his and the new school board's administrations to negotiate compromises to taxpayer benefit.

In November 2011, Drew said the city had successfully negotiated a solution to the labor dispute which arose from board of education staff working at the Middletown High School shelter during the October 2011 snowstorm.

Since then, there have been many changes at Middletown's education board. Even so, Bourne says reverting back to her former job will be easy. Schools Superintendent Patricia Charles was principal at Keigwin Middle School at the time and Associate Superintendent Enza Macri was principal at Lawrence School, Bourne says.

"Those are two people that I'm familiar with and have respect for, so I think the transition will be smooth. "

When current payroll supervisor Jodi Krupa was hired, part of the global settlement agreement ensured Krupa would retain her job.

The union representing Middletown public service workers applauded the ruling.

In the award, Golick directed the city to immediately reinstate Bourne to her prior position at the education board and to make her "whole" for any losses, if any, in wages and benefits for the period Dec. 8, 2010, to the date of her reinstatement. She also directed the city and the union to jointly attempt to calculate damages.

It's yet unclear what dollar amount those damages will be, although in the arbitrator's ruling, Bourne says she has lost more than $34,000 in lost wages. 

“Arbitrator Golick’s ruling is a victory for workers’ rights in the city of Middletown,” said Bourne, who was elected president of her bargaining unit in 2012. 

“Our union was caught in a political turf war, so I hope the arbitration award sends a strong message about the importance of respecting the collective bargaining agreement. You can’t discipline employees without just cause, and you can’t retaliate against them when they speak their mind. I’m glad this ordeal is over.”

Council 4 is the parent union of Local 466, which represents nearly 400 City and Board of Education employees in Middletown.

The city agreed to pay the full cost of the arbitration this May. 

Citing the ongoing city department mergers recommended by the task force on efficiency in government, Drew says the parks department never had a budget analyst prior to Bourne's tenure and it remains unclear if that position will be filled. 

"We'll be evaluating all those positions and we'll figure out where we can trim costs to save the taxpayers some money," Drew says.

See the full text of the ruling in the attached PDF.

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