Source: www.nashuatelegraph.com --- Friday, March 09, 2012
Even though the Hollis School District has treated speech pathologists and occupational therapists as if they were part of the local teachers Union for 35 years, those positions actually aren?t in the bargaining unit, the state Supreme Court ruled Friday. ?There is no dispute that these individuals were treated, and required to perform many of the same duties, as ?certified full-time teachers,? ? the court wrote in a unanimous ruling. ?However, these facts do not render them ?certified full-time teachers? under the 1976 recognition clause.? According to court documents, the case involves three Hollis school employees ? speech pathologists Pamela Banks and Robin Fitton and occupational therapist William Olszewski ? who argued they were part of the ?recognition clause? in a school district collective bargaining agreement that dates to 1976. This status gives them certain protections, they argued. The case came up when Fitton was laid off in April 2010 as part of cutbacks fueled by enrollment declines, and expanded when Banks and Olszewski were given contracts for this school year that differed from those given to teachers. ...
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