An arbitrator has ruled against the Buffalo Board of Education's removal of the cosmetic surgery rider in its teachers' union contract.
On June 8, school board members approved a resolution to unilaterally eliminate the benefit of cosmetic surgery from the collective bargaining agreement.
Buffalo Teachers Federation President Phil Rumore issued a news release to reveal the decision on Tuesday.
The arbitrator, Michael Lewandowski, ruled on September 17 the board was in violation of collective bargaining and the Taylor Law.
“I find the Board’s June 8, 2016 resolution to unilaterally eliminate the cosmetic surgery benefit violates the collective bargaining agreement. The language of 209(f) of the Taylor Law, in the instant set of circumstance, does not permit the Board of Education to make unilateral changes following impasse. The remedy for the above finding that the resolution violates the collective bargaining agreement is to order the District not to implement the resolution at issue here," wrote Lewandowski in his ruling.
The rider has provided cosmetic surgery to school teachers for years as a benefit in their expired union contract. Rumore said the school board can't unilaterally remove parts of a contract that was previously agreed to.
“It is truly pathetic that we should have to go to court and also an arbitrator to show, what anyone with any sense knows, what they have done is illegal and wrong - you can’t unilaterally remove parts or a contract to which you agreed. Imagine telling your bank or credit card company that you’ve decided that you don’t want to pay their bill because you feel you don’t have to. That is exactly what the Board has done," said Rumore.
Rumore also says he hopes the school board will "end the teacher anger" and abide by the arbitrator’s decision, as the BTF and board remain at odds over a new contract agreement.
