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SRPs bolster Newburgh local
December 9, 2004 Newburgh TA members Frank Colone, Joni Mongelli, Sheila Manning, Berenda Johnson and Phil Cordella. The place for teaching assistants is in their teachers union. That's what the state Public Employment Relations Board said this fall when it ruled that 150 teaching assistants should be placed with the Newburgh Teachers Association instead of a Civil Service Employees Association local. The case started when the federal No Child Left Behind Act of 2001 set new requirements, including certification rules, for anyone who provides instructional support services in programs or schools that receive federal Title I funds. Frank Colone, then president of the NTA, recalled the validation the federal law brought. "We had long believed that the district should employ teaching assistants for our students," said Colone. "We're a large city school district with a diverse population including a large population of students with special education needs." However, for years the district used the title "teacher aides," even though at times aides provided direct instruction to students. Aides and other non-instructional staff were members of Local 1000, CSEA. In 2002, with new state guidelines looming on top of federal ones, the Newburgh district decided to provide the teaching assistant title to those providing instructional support for teachers. Once the district created the title, the Newburgh TA, with assistance from its statewide union New York State United Teachers, filed a unit clarification petition for the teaching assistants to come into their unit. "It was a strong case and we had a history of case law that teaching assistants are most appropriately placed with teachers and other instructional personnel," said Bob Reilly, the NYSUT lawyer who worked on the case with labor relations specialists Wally Fults and Bob Ringwood. He noted that through collective bargaining teaching assistants can be placed with non-instructional personnel, or can be recognized as a unit of their own, "but if PERB is asked to make a ruling on the merits, the board will place teaching assistants with teachers." Even with history on their side, it took almost two years for the case to be settled because the CSEA local appealed an administrative law judge's ruling affirming the assistants' membership in the Newburgh TA. "We appreciated that both unions wanted us," said Sheila Manning, who in November was elected chapter chairwoman of the teaching assistant unit of the Newburgh TA. "However, it was also frustrating because we've been in limbo for awhile." Phil Cordella, now the Newburgh TA president, said, "It was the right thing to do. These women have been our colleagues in the classroom for years and we're looking forward to having them as colleagues in our union." Colone retired as president but continues to play a role, advising the local on governance and bargaining for the new unit. "Since I started this thing, I wanted to see it through," Colone said. — Betsy Sandberg |
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