Superintendent Mum on Whether He'll Abide by Labor Board's Decision

Middletown Superintendent of Schools Michael Frechette said Wednesday that the school system doesn't have any role in the state Board of Labor Relations’ decision to reinstate a unionized central office position, but he won't say if he will abide by it.

“This is a dispute between the city and the union,” Frechette says. “We are not party to the dispute before the labor board. We’re not part of the union contracts between the city.”

The labor board determined in its decision that the school board, acting as an agent of the city, sidestepped the union and city charter when it transferred the work from the unionized manager of financial operations job to a nonunion position it created in 2008 called the school business manager, a post that is held by Nancy P. Haynes.

In its decision, issued Aug. 12, the labor board said the city must reinstate the position of manager of financial operations and then “bargain in good faith” with the union any work that it seeks to take away from that job.

Further, it found, “the Board of Education does not have sole and exclusive control over the manager of financial operations position.”

But, Frechette said, “The only person with authority over Nancy is me, and frankly we’re very pleased with the work Nancy has been doing."

Frechette said Haynes reported to work Wednesday, but she was unable to be reached by Patch via phone or email for comment. When asked if Haynes would come to work Monday, he declined to comment.

Mayor Sebastian Giuliano was perplexed by Frechette’s response.

“He’s in some kind of denial,” Giuliano said. “Why did their attorney argue the case? Why did they send Christine Chinni to present the case, to make an argument? They’ve got to be kidding. The reason the city was named is because that's who the union has the contract with.”

“The job belongs to the Teamsters union,” Giuliano continued. “We’ve got to post that job. We’ll post it by Monday. It will go in-house. The members of the bargaining unit have 10 days before they accept outside competition.

“There was a unanimous decision. Do you have any idea how rare a unanimous decision is at the state labor board? There is one representative from labor, one from management and a so-called neutral.”

In his experience, Giuliano says, “labor usually comes down on the side of labor, management on the side of management, and they both try to sway the neutral.”

But this case was extraordinary, Giulano said.

“Even the management hearing officer sided with the union.”

“We pretty much told (Haynes) after the close of business Friday,” Giuliano said, “not to do any more work.”

Giuliano said he doesn’t know what will happen Monday. “Then go defy the order of the state department of labor. We’ll see. We’ll see.”

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