NASHUA – City custodians reacted with relief following a decision this week by the New Hampshire Public Employee Labor Relations Board directing the Nashua School District to bargain with the union.

But while the PELRB ruled in favor of an unfair labor complaint levied against the district by the union, Nashua custodians know the future is still uncertain.

"I think everyone, as soon as they heard, they were relieved and excited," said Donna Grady, chapter chair of American Federation of State, County and Municipal Employees Local 365, the collective bargaining unit that represents Nashua school custodians. Grady also works at Nashua High School South.

"People say they feel like a weight has been lifted off their shoulders," said Jason Guerette, chief steward of the Nashua School Custodian Union.

"It was a hard year not knowing if we would have a job. People said they weren’t sleeping. It took a toll on the 101 workers and their families," Grady said.

The labor board decision, released Thursday, found that the district "committed an unfair labor practice." It found "(the district) has improperly deprived employees of their right to
participate in the collective bargaining process through the duly certified bargaining unit."

Nashua custodian Ben Belanger said he noticed "morale was better" among custodians in the district buildings on Friday, while fellow custodian and coach Ray DeRusha said they thought their jobs may only last the summer.

"I think it’s fair to say there is a tremendous amount of relief in the community. The amount of support we received over the past year has been extraordinary," said Jim Durkin, communications director for the AFSCME Council 93, which includes units in New Hampshire, Massachusetts, Maine and Vermont.

Nashua custodians know there is a ways to go before the matter is settled. AFSCME Council 93 coordinator Steve Lyons said the union has reached out to the city’s Board of Education and superintendent’s office to schedule a meeting.

"We put out a couple dates – Aug. 11, Aug. 23 – to get back to the table to negotiate according to the PELRB’s order," Lyons said, adding that the letter was only sent the night before, and they haven’t heard from the board or district yet.

"So the ball is really in the board’s court right now," Durkin said.

"The Board (of Education) will be meeting with its attorney to understand its options after the ruling," Robert Hallowell, member of the board, said in a Friday morning phone interview. "We must continue to evaluate these decisions based on what we believe is in the best interest of current and future students."

Board President Sandra Ziehm said the board will speak with its attorney Monday.

"If we did appeal, the appeal would go to the New Hampshire Supreme Court," Ziehm said.

"I am in favor of talking with the custodians." Ziehm said. "I hope we will consider carefully where we want to go from here."

Durkin noted that the most recent school board vote to open negotiations with the union took place May 9, and narrowly failed in a 5-4 split.

"We have made slow and steady progress, starting with a (7-1-0) vote in September," he said. The May 9 motion to open negotiations with the union was proposed by member Doris Hohensee and supported by Ziehm, Howard Coffman and Dorothy Oden. Members Hallowell, George Farrington, Bill Mosher, Elizabeth Van Twuyver and David Murotake voted nay.

Durkin said the custodial staff stayed professional and worked hard over the past year, regardless of the uncertainty. Grady said they lost about 10 full-time employees, and they still have about five full-time vacancies to fill approaching the fall.

Moving forward, the board with consult with counsel, and the union will wait for the board’s response.

"It’s my understanding they will be obligated to negotiate with us," Lyons said.

The most recent custodial contract expired June 30, and union members are now working under an evergreen clause. Lyons said all terms and conditions stay in effect until a new deal is ratified.

Union representatives and custodians say they plan to attend the next Board of Education meeting Aug. 8.

"Hopefully they move forward. I think it’s in the best interest of the school district, the kids, administration, teachers and, yes, the custodians to move forward and productively negotiate a successor agreement," Lyons said.

In the meantime, custodians are cautiously optimistic.

Grady said she hasn’t celebrated, but "I slept through the night – and I woke up psyched."

In September, the Nashua Board of Education voted to explore hiring a private company to replace 101 union custodian positions, citing a need to achieve "substantial savings to the district’s operating budget." In December, the union representing Nashua’s custodians filed an unfair labor complaint with the Public Employee Labor Relations Board, claiming the district was bargaining with only a portion of the union, since the district had agreed to negotiate a contract with members of Local 365, who are not custodians.

Tina Forbes can be reached at 594-6402, tforbes@nashuatelegraph.com or @Telegraph_ TinaF.

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