Hole and Jermain weigh in on  Newport teachers’ dispute

Despite an effort at mediation over the summer, the dispute between the Newport teachers’ union and school administration that began in late winter has spilled over into the early days of the new school year, with little indication that it will be resolved soon. 

Over these several months, the teachers have voted no confidence in administrative staff, filed grievances, filed unfair labor practice charges, sought relief from the courts, called on teachers to ‘work to contract,’ and staged informational picket lines.

In an effort to understand the issues, we reached out to both School Superintendent Colleen Burns Jermain and Jennifer Hole, president of the Teachers Association of Newport, a National Education Association affiliate.

What follows are the unedited responses from both Jermain and Hole.

Newport School Superintendent Colleen Burns Jermain

WUN: Please explain, from your perspective, what it means to “work to contract or rule.”

Jermain: It means that teachers will only perform duties outlined in their contract, nothing more. They also will enter and exit the building/workplace five minutes prior to the start of the school day.

For example at Pell, Pell begins at 8:30; teachers will stand together across the street and then enter the building together at 8:25 am; and walk out of the building at 3pm. Impact:This leaves Principal Westman, along with the Directors and her paraeducators overseeing the bus arrivals and dismissal routines.

WUN: How will that impact sports, band, other after school activities?

Jermain: At this time I am not seeing any impact on any after school activities. Most of the activities we have after school are being done by teachers/individuals/ or community groups that are being paid a stipend (additional money) or service children after school as part of their own private program-not school department related.

WUN: The union has filed a number of actions – grievances, unfair labor practice charges, court cases. What’s the status of each action? Have hearings been held or scheduled?

Jermain: As of Tuesday, September 3 the administration reviewed a list that TAN presented to the administration to consider. The administration through our attorney and the mediator sent an answer as a final offer for mediation. As of this writing, Sept. 6 at 8:00am, I have not received a response to the offer.

WUN: What is status mediation?

Jermain: Administration has tried our best to mediate this with several suggestions and offers. We have been having these discussions since January /February 2024 regarding a new structure and its impact on teachers, especially those with seniority. We have always promised we would work to bring back as many teachers as possible so that everyone has a job. We have done that. At this time we have given our last offer. We are fine to go to arbitration and allow a third party to decide our differences and move forward with whatever decision is made. We have said this all along to keep the process moving forward. This process was requested to be “expedited arbitration” at TAN’s request and we tried to do mediation (solve the problem rather than decide who is right or wrong). We are following the contract. So far no results Since there has been no resolution TAN would now like to bring it to the School Committee. This is not following their contract- and it is my belief TAN and NEARI are requesting this because they are not getting the results they desire.

WUN: From your perspective, can you describe succinctly what the key issue is?

Jermain: The Union / TAN does not agree with the staffing structure now in place, does not agree with the way the Job Placement Process was run-and hence some teachers do not like the job they were involuntarily transferred to or assigned based on certification and federal regulation. TAN disagrees with the administration that the administration is able to restructure in this way and create job descriptions requiring specific certifications/job skills. The model we are implementing at the elementary and middle school level is the same model we have piloted and now have implemented at the high school level with positive results for the past 2-3 years. RHS has had this model and it has shown to be successful with the teachers in the classrooms, “doing it all”-teaching their content and using their MLL certification to support our ELL students. Our ELL students are actually outperforming non-ELL students on standardized testing and our four year graduation rates for our ELL students has and continues to improve each year. I applaud Principal Vance and the RHS teachers, along with Dr. Mooney, for focusing on equitable teaching and learning in each and every classroom to meet the needs of the students in the classrooms with teachers that are certified and know the skills and have the training. We need that model at all our schools and not only for our MLL students but for all our students that need support in literacy, math, and special needs. That is why the district has been offering MLL certification, paying for all the certification costs and giving a bonus to those that have the certifications and are using it for the past years.

WUN: What do you see as a desired outcome? And what do you see as a realistic outcome?

Jermain: The administration believes that it carefully followed the contract, gave proper notice, and tried since January/February to discuss all of the restructure and work with TAN. We reviewed job descriptions several times, especially the literacy coach one. The meetings were not always productive due to sometimes getting “stuck” on the present structure and hesitancy to consider a new model at the elementary and middle school level to better serve our students. Ideally teachers will work with NPS instructional coaches to deliver students the support they need (reading, math, EL services) in their classroom. Our goal is to support our staff and students in achieving successful outcomes for everyone.Equitable teaching and learning throughout our schools and classrooms is a must so that every child can be successful. That means our teachers, administrators, and I need to continuously learn and improve our skills to meet the demands and needs of our students and families. Hopefully everyone will come together – work with one another and be the great school system I know we are capable of becoming. I believe that this is a realistic outcome- and whatever is decided we must accept what is decided, work together, and move forward for our families and communities.

WUN: At the outset, the union voted a no-confidence vote in the Superintendent. What was the relationship between the union and the Superintendent previously, and what impact does this dispute have on the relationship moving forward?

Jermain: I believe that we had a good relationship. We had a very successful contract negotiation, literally 2-3 months in the summer of 2023 right before the new school year. The teachers received good wage increases, benefits, and overall the majority of our revisions were clarity of language. We started the 2023-24 school year promising to work together because we were all aware of the changes and needs for students today, and even during the negotiations I mentioned the models/structure had to change at the elementary/middle school level.

Unfortunately when actions and deeper discussions began in January/February of 2024, there was a lot of hesitation and upset that this is not the way we had always done things at the elementary level. In February we reviewed and gave a list of the structure that would evolve due to layoffs and implications to TAN. We then made the necessary recommendations for laying off teachers per RI general regulations in February 2023. If my memory serves me correctly at that time there was not a lot of push back from TAN.

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WUN: While the focus is on the local teachers’ contract, I wonder how much of this is influenced by finances, given the loss of revenue from the end of Covid money, the losses that result from decreasing enrollment, and pressures from the local city council?

Jermain: It is a combination of all of these factors and our changing demographics and student achievement. We needed to break the cycle and structure of what was in place at the elementary/middle school level just as we have already done at the high school level. It just so happens all the other factors came into place as well.

WUN: When do the contracts with the teachers and other unions expire? 

Jermain: 2027

WUN: Shifting somewhat, I wanted to get your take on the “teacher shortage.” I can’t think of very many jobs more stressful than a teacher in today’s society – relative low wages for what is required; parental and societal stress from book bans to manipulation on how we teach history; the rise of AI; increase in Multi Language Learners, and so much more. Are there adequate young teachers coming into the market to replace those that are retiring, including those who decide to retire early because of all the pressures noted previously?

Jermain: In my opinion- yes. However, we do see shortages in some critical areas like secondary special education and school psychology. Newport has a very high teacher retention rate-I believe it is the highest in the state. Approximately 60/ 211 of our teachers have served in the district for 20 years or more. Newport needs going forward to recruit a more diverse workforce with the necessary skills and certifications to reflect our community now and what our enrollment projections are showing us. Director Jacques is doing an excellent job moving this forward.

WUN: Historically, what has the relationship been like between the teachers’ union and the administration? Any work stoppages, other labor actions?

Jermain: There was a “work to rule” years back, and there were job actions during one of the negotiations over the contract specifically regarding benefits. The legacy costs were not sustainable and literally every increase in appropriations from the City, literally went out the door to sustain the costs. When I arrived in Newport there was a structural deficit in our operational budget and we had an approximately 600-800K budget shortfall in the existing 2013-14 budget. (I signed in August and started in Jan. 2014) We had some very expensive legacy costs for retirees and Newport did not take advantage of the 2010 legislation that allowed municipalities to change back then. With the then school committee we worked together to address items we were able to get those costs down. We also had benefits for active teachers that were not affordable so we looked at other districts and set up comparable arrangements that were more sustainable. We had to go to arbitration then and the administration eventually prevailed. We do not take going to arbitration lightly and want at all times to work with the Union/TAN. When it comes to a stalemate, because both sides are passionate and believe they are correct in their actions, then is when we have no other choice then to move to arbitration. No one likes it yet, sometimes when you need to solve a situation you need to bring in a third party that is neutral and can look at the facts and circumstances through a different lens. More recently this past year, the teachers went to work to rule about additional sick days and a sick bank. That is still under discussion with both sides’ attorneys, not related to any of these events that have us in mediation/arbitration. (HAPPY to explain more about this.)

WUN: I’m assuming other school districts are being confronted with the same demands as Newport. I wanted to put this in perspective. Are there other school districts facing similar pushback from the teachers’ unions?

At this time I do not know of any.

Teachers’ Union President Jennifer Hole

WUN: Please explain, from your perspective, what it means to “work to contract or rule.”

• How will that impact sports, band, other after school activities?

Hole: TAN members – like most educators – go above and beyond every day for their students and much of that work is unpaid labor. Work to Contract means educating the greater community on how much extra work teachers do for students. Teachers will continue to do the work they are paid for, that includes certain stipend work, paid student supports, coaching, and anything within the contract. If the Superintendent wants teachers to go the extra mile, then the bare minimum she needs to do is comply with the contract and the law.

Specifically, band is a class taught during the school day. 

WUN: The union has filed a number of actions – grievances, unfair labor practice charges, court cases. What’s the status of each action? Have hearings been held or scheduled?

Hole:

• The Union will be taking the four pending grievances out of abeyance and will be imminently filing them before the School Committee.
• The unfair labor practices charges are pending at the Labor Board, and we anticipate hearings to be scheduled on all four of them within the next few weeks. 
• We also have a lawsuit pending in Superior Court. A status conference on that matter is scheduled for Sept. 10.

WUN: What is the status of mediation?

Hole: Three days of mediation were held over the summer. While a settlement agreement was close, the parties failed to reach a universal agreement. Despite the Superintendent personally blocking a key piece of the settlement, we have continued talks with the mediator. 

WUN: From your perspective, can you describe succinctly what the key issue is?

Hole: The key issue is the Superintendent’s reluctance or inability to work with us. Our dispute could have been resolved with real, professional conversations between labor and management. 

Despite talks over the summer, our concerns have not changed since June when we took a unanimous vote of no confidence in Jermain and Ronilee Mooney, the director of multilingual learners: 

• Mooney failed to provide training and professional development necessary to support our MLL students who deserve trained and qualified educators to teach them. 
• Jermain failed to communicate a vision for the district. She calls eliminating positions, “restructuring,” but that corporate jargon doesn’t hide the fact that she got rid of the very resources our students require for their success. 
• Jermain has violated the collective bargaining agreement, flouted settled Rhode Island labor law, balanced the budget on the backs of students and teachers, and robbed the most vulnerable students of critical supports. Then she said it was best for kids. We strongly disagree.

WUN: What do you see as a desired outcome? And what do you see as a realistic outcome?

Hole: A desired outcome would be what’s good for students and fair for teachers. It is a realistic outcome that we believe all parties can agree on. However, we are not going to get anywhere unless the School Committee steps in and resolves this dispute because the Superintendent is dug in and refuses. 

WUN: At the outset, the union voted a no-confidence vote in the Superintendent. What was the relationship between the union and the Superintendent previously, and what impact does this dispute have on the relationship moving forward?

Hole: There have been long periods of labor peace with the Superintendent when she has worked with us.  We want labor peace.  We do not want to do any of this, but Jermain refuses to work with us. The relationship has been strongest when the Superintendent is willing to collaborate. If she is willing to do so in the future, then the relationship will improve. 

WUN: While the focus is on the local teachers’ contract, I wonder how much of this is influenced by finances, given the loss of revenue from the end of Covid money, the losses that result from decreasing enrollment, and pressures from the local city council?

Hole: If a budget demonstrates priorities, then how a leader addresses a deficit demonstrates the same. Colleen Jermain’s solution to the budget deficit was to eliminate reading and math interventionists, behavioral support specialists, and cut critical tiered support for MLL students. These drastic and harmful cuts are a blatant disregard for the numerous post-pandemic studies indicating the high-level of need in all these categories. This action increased class sizes, yet every single Central Office staff position remains intact and mostly working from home. 

WUN: When do the contracts with the teachers and other unions expire?

Hole: The current Newport School Committee/Teachers Association Newport/NEARI Collective Bargaining Agreement expires on August 31, 2026. NEARI is not a party to any other collective bargaining agreements and cannot comment on their status.

WUN: Shifting somewhat, I wanted to get your take on the “teacher shortage.” I can’t think of very many jobs more stressful than a teacher in today’s society – relative low wages for what is required; parental and societal stress from book bans to manipulation on how we teach history; the rise of AI; increase in Multi Language Learners, and so much more. Are there adequate young teachers coming into the market to replace those that are retiring, including those who decide to retire early because of all the pressures noted previously?

Hole: Educators are juggling stressful situations on top of teaching every day including their ability to teach accurate history, to work a curriculum free from book bans and political pressure, and to support students in a safe, welcoming environment. In the wake of yet another school mass murder, you can add the fear of keeping students safe from gun violence to the list of stressors. Another challenge that is specific to Newport, is the high cost of housing to live in the surrounding area of our schools. The salary scale needs to meet Newport’s cost of living as well as be a competitive draw to attract high quality teachers to the district.

WUN: Historically, what has the relationship been like between the teachers’ union and the administration? Any work stoppages, other labor actions?

Hole: There’s a saying: To go fast, go alone; to go far, go together. The relationship between the current administration and TAN has been strongest when the parties work together to solve issues. This current tension stems from Superintendent Jermain unilaterally violating agreed-upon clauses of the collective bargaining agreement and violating the law. 

WUN: I’m assuming other school districts are being confronted with the same demands as Newport. I wanted to put this in perspective. Are there other school districts facing similar pushback from the teachers’ unions.

Hole: Lack of adequate funding and thoughtful allocation that benefits students are not unique to Newport, neither is an increase in MLL students. However, districts across Rhode Island are increasing positions to assist these students while the Newport Superintendent is cutting positions that directly support our MLL students to help them thrive and reach their potential.