STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS IN THE MATTER OF EAST HAVEN BOARD OF EDUCATION (RESPONDENT) -AND- EAST HAVEN EDUCATION ASSOCIATION (COMPLAINANT) Erica Forti, Superintendent 35 Wheelbarrow Lane East Haven, CT 06513 RESPONDENT'S ADDRES: RESPONDENT'S PHONE: (203) 468-3261 COMPLAINT PURSUANT TO SECTION 10-153e(2) OF THE ACT CONCERNING SCHOOL BOARD-TEACHER NEGOTIATIONS THE UNDERSIGNED ALLEGES THAT THE ABOVE-NAMED RESPONDENT HAS ENGAGED IN PROHIBITED PRACTICES WITHIN THE MEANING OF SECTION 10-183e(b) OR (c) OF SAID ACT, IN THAT: 1. The Complainant, East Haven Education Association (hereinafter ‘the Association’), is the duly recognized exclusive bargaining agent for teachers employed by the Respondent, East Haven Board of Education (hereinafter “the Board’). 2. The Association and the Board are parties to a collective bargaining agreement (hereinafter “CBA") with effective dates of dates of July 1, 2020 through June 30, 2023. 3. The Coronavirus Disease 2019 (COVID-19) is a respiratory disease that spreads easily from person to person and may result in serious illness or death 4, The World Health Organization has declared the Coronavirus Disease 2019 (COVID- 19) outbreak a global pandemic. 5. On March 10, 2020, Governor Lamont issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the COVID-19 outbreak in the United States and confirmed spread in Connecticut 6. On March 1, 2020, Governor Lamont issued Executive Order No. 7C - Cancellation of School Classes. “To secure the safety and protection of children in schools related to the risks of COVID-19, all public school classes will be cancelled forall students effective Tuesday, March 17, 2020 until March 31, 2020, unless extended beyond that date.” 7. On May 5, 2020, Governor Lamont issued Executive Order No. 7II - Extension of School Class Cancellations for Remainder of School Year. “To promote and secure the safety and protection of children in schools related to the risks of COVID-19, cancellation of public-school classes as ordered in Section 1 of Executive Order No. 7C, and as modified by Section 1 of Executive Order No. 7L and Section 2 of Executive Order No. 7X, is continued through the remainder of the 2019-2020 school year.” 8. On June 25, 2020, Governor Lamont announced plans for the 2020-2021 school year amidst this global pandemic, which plans must include a framework to allow students in all districts to have “access to in-school, full time, instruction beginning at the beginning of the 2020-2021 academic year as long as public health data continues to support such a model.” 9. Governor Lamont directed all Local Educational Agencies (LEA’s) to develop their own return to school plans for the 2020-2021 academic year and to be prepared to adjust said plans based on health indicators or guidance from health officials. 10. On or about June 29, 2020, the State Department of Education (SDE) issued guidelines regarding return to school plans which had to, inter alia, contemplate several health indicators that were defined and separated into three categories: 1) Low Risk Factor - which would mandate a model outlining 100% capacity for in-school, full time, instruction for all students and staff, 2) Moderate Risk Factor - which would mandate a model outlining a reduced capacity for in-school instruction with a hybrid of blended remote learning; and 3) High Risk Factor - which would mandate the closing of schools, and 100% remote learning. 11. These return to school plans constitute major changes in working conditions which must be bargained with the Association, the exclusive bargaining agent. 12. On July 3, 2020, Association President Cynthia Wintjen sent an email to Erica Forti, Superintendent of East Haven Schools requesting to bargain the Board's re- opening plan. 13. On July 6, 2020, Superintendent Forti responded that while it would complete the reopening plan and forward the same to the State Department of Education by July 24, 2020. Thusly, it was “premature at this time to decide whether and to what extent formal negotiations under Conn. Gen. Stat. § 10-153f(e) would be appropriate.” 14. On July 27, 2020, Association President Wintjen sent an email reiterating its demand to bargain the Board's reopening plan and change of working conditions for the 2020-2021 school year. 45. On the same date, Association President Wintjen relayed the demand via telephone and awaited dates and times from the Superintendent to commence bargaining16. On August 4, 2020, Association President Wintjen requested the commencement of negotiations via text messaging. 17. In reply, Superintendent Forti requested that Association President Wintjen hold off initiating formal negotiations, but rather begin discussions “off the record.” 18, Association President Wintjen maintained the Association's demand to commence formal negotiations per the Statute. 19. To date, Superintendent Forti has not responded to the Association's multiple requests to commence bargaining and no meeting dates and times have been set. WHEREFORE, the Board's unilateral actions constitute a prohibited practice pursuant to the Teachers’ Negotiations Act, Connecticut General Statutes § 10-153e(b)(1)(2) and (4) in that the Respondent: 1) interfered and restrained with the professional employees in the exercise of their rights guaranteed by Law; 2) interfered with the existence or administration of the employees’ exclusive bargaining agent; and 3) refused to negotiate in good faith with the employees’ exclusive bargaining agent. THEREFORE, the Association requests the following relief: CEASE AND DESIST ORDER requiring the Board to: 1) Conduct the requisite bargaining over working conditions and comply with the law as it applies to the Complainant bargaining unit; 2) Cease and desist from any conduct that indicates an attempt to lessen, prevent, or disregard the Association in its representative role and thereby interfere with the Association's members’ statutory rights; 3) Publish a notice, with a copy of the Order inits entirety, indicating that it has engaged in a prohibited practice by refusing to bargain by way of an online message to all teachers and by way of a posting in a conspicuous location at each school for a period of sixty (60) consecutive days; 4) Pay all reasonable costs, including attorney's fees associated with the filing and processing of this complaint; and 5) Any other remedy deemed appropriate and just. COMPLAINANT, EAST HAVEN EDUCATION ASSOCIATION Subscribed and sworn to before me 2 LAs L:Juttey Rebecca L. Mitchell, Esq. this _// day of GugusT , 20 20 CEA Legal Counsel J 21 Oak Street, Suite 500 Hartford, CT 06106 zx. 860-725-6351 thn ae Notary Public *1y Commission Expires Faron Justice of the Peace Commissioner of Superior CourtCc: Gloria Dimon, CEA Representative CEA 55 Main Street Norwich, CT 06360 Cynthia Wintjen, President East Haven Education Association 12 Comela Drive Wallingford, CT 06492 Certification Of Service \ hereby certify that, pursuant to Section 10-153e(e) of the General Statutes and Section 10-153e-5 of its General Regulations, a copy of the foregoing was mailed to the Respondent by registered or certified mail East Haven Superintendent of Schools Erica Forti 35 Wheelbarrow Lane East Haven, CT 06513 Kthews ¢ Phtctety Rebecca L. Mitchell, Esq