Union claims stall; school administration sees a lengthy process

Ten months after Chuck Coughlin was fired from teaching at Ottoson over his role in allegedly forged and inappropriate e-mails, arbitration is in its sixth month. Whether the process, begun in January, is plodding or whether it is proceeding in a typical way depends on whom you ask.

May 10: Update on legal fees

Jack Duranceau, outgoing president of the Arlington Education Association (AEA), and his successor, Ron Colosi Jr., have said at public meetings that the attorneys for the schools are causing unnecessary delays. Superintendent Nate Levenson wrote in an e-mail June 10, "We are not delaying the process. It is just a slow process."

Both sides agree that five sessions have been held to hear testimony about the Aug. 9 dismissal of Coughlin, a technology-education teacher who had worked for the Arlington public schools since 1999. He was terminated from his position after an investigation by the School Committee attorney said he had used a school computer to forge e-mails and carry out "an inappropriately intimate relationship" on the schools’ e-mail system.

The five dates set for upcoming arbitration sessions are June 18 and 19, July 24, Aug. 5 and Sept. 10, Levenson wrote.

It took nearly a month to learn this basic information about the case. YourArlington first asked the key figures involved May 16. Reflecting the caution surrounding this case, Duranceau provided answers June 2 to most questions asked, but he declined to "list all the dates or state chapter and verse." He  wrote that he was unsure how the information would be used.

On May 13, during the public-participation part of the meeting, Duranceau spoke to the School Committee. He registered dismay about what he saw as the slow pace.

YourArlington asked both sides to provide their views about the length of arbitration.

Duranceau wrote June 2: "The manner of the delay is that 4 or 5 dates are suggested by the arbitrator, and the SC attorneys are the only ones with apparent conflicts. Arbitrations do take a long time because delay is a common strategy by the school systems.

"My problem with this particular delay is that I think that the arbitration is unwinnable for the school system and that more money will have to be paid in penalties (back pay and legal fees) and for the extended process, itself."

Eight days later, Levenson answered questions posed in mid-May: "Based on the experience of our attorneys, and the Massachusetts Association of School Superintendents, the Coughlin arbitration is moving at a typical pace, but will likely have a few more sessions than most dismissal arbitrations."

He wrote that hearings in the Coughlin matter had been held on Jan. 15, March 3, 25, 31, and May 31.

He added: "The arbitration process is a slow process. Typically only one or two sessions can be scheduled per month. If a session must be cancelled, then we can lose a month. To date, 2 session have been cancelled.

"One for a serious personal matter, and one for sickness. It is in the school district's interest to resolve the matter sooner, rather than later. We are not delaying the process. It is just a slow process."

{mospagebreak title=Sessions closed to public}

The testimony provided has not been open to the public. In fact, The Advocate reported May 29 that its reporter was not permitted to attend. The report said the hearing occurred May 22, a date not included among those Levenson has listed. The report did not say on what basis a reporter was barred.

The newspaper reported that the counsel for Coughlin had no objection to the reporter's presence. An attorney for the firm of Stoneman Chandler & Miller did object, the report says.

Asked about this, Duranceau wrote: "My understanding is that the parties need to agree as to whether anyone will be admitted. The arbitration hearing is governed by the usual restrictions on the public access to the personal information of public employees (Medical, disciplinary, etc.)."

Under restrictions spelled out in the state Open Meeting Law, the press may be barred from proceedings involving a number of issues, including those dealing with personnel matters.

On June 10, Colosi, then AEA's president-elect, spoke to the School Committee, renewing the call to bring the arbitration case to an end. Full text of his statement>>

Coughlin has been asked to comment about the length of the process, whether he expected the process to result in his getting his job back and what factors weigh in his favor in this case. He has not responded.

How long should a typical arbitration take?

In a publication titled "Dispute Resolution Journal," Elizabeth Hill, a research fellow at the Center for Labor & Employment Law at New York University Law School, studied the issue. Her conclusion: The average length of arbitration is 16.5 months. (See the publication online, page 7, endnote 26.)

At the request of Ms. Bouris's attorney, the schools have agreed not to begin the Bouris arbitration until the Coughlin case is finished. She was dismissed 13 days after Coughlin.

Statement from Colosi, AEA president as of July 1, to School Committee June 10: 

"Unfortunately, I find it necessary once again to address the committee regarding the ongoing arbitration of Mr. Chuck Coughlin.

"Since Jack Duranceau - who will be speaking later tonight - last addressed you, we had two more scheduled dates for this arbitration.  Both were cancelled by Arlington Public Schools and/or its legal representation.  This simply cannot continue.  The fact is that the schools have cancelled numerous arbitration dates since this process began back in January, while Mr. Coughlin, his attorney, and the AEA have collectively cancelled zero.

"Mr. Coughlin and the AEA would have much preferred to have had this case heard over consecutive days until it reached its conclusion.  While I realize that this particular scenario might well have been an impossibility, the fact that it is now June – and that we have met a total of five days over a period of six months - is completely unacceptable.  In addition, two of the days on which we have met were shortened days at the request of the school system.  Aside from the fact that this further draws out the process as a whole, it also costs both the school system and the AEA more money, as we are both billed for an entire day of arbitration each time this occurs – regardless of the number of hours we stay.
 
"We have come before you several times to ask for your assistance in expediting this process yet it appears thus far as though it has fallen on deaf ears.  It seems as though nothing has been done – no message has been sent or directive issued – to make an earnest attempt to complete this arbitration as soon as possible.

"You have both an executive and a fiscal responsibility to the school system and your constituents to seek a speedy resolution to this situation.  I strongly urge you to address this matter immediately.  Otherwise, your lack of action will only continue to lead people to believe that you are simply trying to delay the inevitable outcome and to try to spread the skyrocketing costs into the next fiscal year.

"Finally, let us not forget that Mr. Coughlin had initially filed a grievance for retaliation before the situation currently being arbitrated even began.  That grievance is still outstanding today.  Please help us bring some closure to these issues."