Van Buren School Board to file unfair labor practices against VBEA

Following a closed-door session on May 24, the Van Buren Public Schools Board of Education voted unanimously to file unfair labor practice charges with the Michigan Employment Relations Commission against its teachers’ union, the Van Buren Education Association.
The resolution that was passed said the VBEA, MEA/NEA, (further referred to as the Association) filed a grievance by a single teacher to challenge the caseload allocation for virtual teachers and the grievance was denied at all levels.
School Supt. Pete Kudlak said one part of the teachers’ contract refers to class sizes and for the remote teaching the classes were made bigger for remote so they could have smaller in-person classes.
He said the Public Employment Relations Act has specific language on that.
On March 11, the Association indicated it would advance the grievance to Arbitration. On May 8, the Association’s attorney asked the school district to select an arbitrator to hear the grievance concerning virtual teacher caseloads.
The resolution states that under Section 15(3)(h) of PERA, “decisions concerning use of technology to deliver educational programs and services and staffing to provide that technology, or the impact of those decisions on individual employees or the bargaining unit” is a prohibited subject of bargaining.
Also, under Section 15(4) of PERA, “the matters described in subsection (3) are prohibited subjects of bargaining between a public school employer and a bargaining representative of its employees, and, for the purposes of this act, are within the sole authority of the public school employer to decide.”
The board reviewed the draft of the Unfair Labor Practice Charge in closed session with its attorney and administration and then, in open session, authorized Supt. Kudlak in consultation with Thrun Law Firm, P.C. to file any and all actions including, but not limited to, filings with the Michigan Employment Relations Commission regarding the unfair labor practice, seek damages or injunctive action, and take other action as deemed necessary.