newtonvcustodians

Newton School Custodians
(Ma. SJC, 2003)

__Facts:__ D School Committee of Newton P Newton School Custodians Association, Local 454 SEIU

__Issues/Answers:__

Who has the final authority in school hiring? Does the hiring power of a principal trump that of a poorly handled interviewing process?

__Basis/Rational:__ Legal Basis- 1992 Mass Ed Reform Law & hiring procedures in Newton, MA

Rationale- The Ed Reform Law gives much more latitude to principals in under-performing schools, but in performing schools the school committee can set applicant qualifications establishing the applicant pool from which a principal can choose.

__Notes:__ Newton South needed to hire a new cafeteria director. The custodians’ union protects the position. The private meals contractor reviewed several applications and gave the final decision making duties to the principal’s assistant. Sheridan, the food services director did not convey that one candidate had strong reviews and more seniority, she just mentioned which candidate she preferred to the assistant. Ms. Black determined to hire which candidate had the best leadership and chose whom she decided had the best leadership skills, not considering the other factors, assuming them to be equal in other respects. Cloonan, the candidate with the most seniority raised a suit that went to arbitration. The arbitrator ruled that the candidate with the most seniority must be hired and paid damages for the lost wages that she would have made if she got the job. The School Committee appealed to the Superior Court of MA saying that the 1993 Ed Reform law’s provision allowing a principal to have ultimate hiring decisions for his/her building. The court ruled in the SC’s favor. The court said that though the principal does have the final hiring authority, because a process was established with the union, the process must be followed. Therefore, the applicant search needed to begin again and follow the proper protocols outlined with the union. No damages were to be paid. The principal does have the final authority but must follow the protocols negotiated with the union.