FAQs

Who does the teachers’ association represent?

AEA Unit A consists of all classroom teachers, program heads with teaching assignments, media librarians/digital learning specialists, learning specialists, guidance counselors, school social workers, special education teachers, speech and language therapists, Board Certified Behavioral Analysts with DESE license, and registered school nurses. Members do not include paraprofessionals (Instructional Assistants), administrators, secretaries, custodians, nutrition services staff, OT/PTs, and other employees.

Who is on the negotiating team for the Andover School Committee? 

Tracey Spruce, Susan McCready, and the Town Manager, Andrew Flanagan, represent the School Committee with support from the superintendent and others. The negotiating team is represented in negotiations by an attorney from the law firm of Valerio, Dominello, and Hillman.

Who is on the negotiating team for the Andover Education Association (AEA)? 

The AEA selects a team of bargaining unit members for its negotiating team. The AEA’s negotiations team traditionally has been joined in negotiations by a negotiator from the Massachusetts Teachers Association (MTA), a statewide organization that provides support and legal representation to member unions.  In the past, the AEA has had a team consisting of ten members including teachers at the elementary and secondary level and special education teachers.

What is the process of negotiations?

• At the beginning of negotiations, the School Committee and the AEA historically have agreed upon ground rules to guide the negotiations.
• After ground rules are agreed upon, each party presents a list of proposals that include changes that they wish to make in the existing contract, including adjustments to salary and benefits. These items are discussed through a series of negotiations meetings.
• When the parties reach agreement, that agreement is subject to ratification by the union membership and approval by the full school committee, including the municipal representative.  After ratification and approval, the agreement becomes effective.

What happens if the parties can’t reach an agreement?

Mediation: If the parties bargain in good faith but are unable to reach agreement after a reasonable period of negotiation, the parties are at “impasse.”  At that point, either party or both parties acting jointly may petition the DLR for a determination of the existence of an impasse. The DLR then assigns a mediator to assist the parties in reaching an agreement. The role of the mediator is to facilitate an agreement.  Agreements reached in mediation are subject to ratification by the union membership and approval by the school committee, including the management representative.

Fact finding: If mediation is unsuccessful, the next step in resolving an impasse is fact-finding.  The parties select a factfinder from a list provided by the DLR. 

• The factfinder holds a hearing(s) where the parties present their proposals, positions, and information, including relevant data about the District’s resources and comparable districts. 
• The factfinder then issues a confidential report with findings of fact.  This report may or may not include recommendations. 
• The parties receive copies of the report and are required to return to negotiations informed by the report. 
• If the parties do not reach agreement within ten days from the issuance of the report, the DLR will release the report to the public.  If the parties are still unable to reach agreement, the employer informs the DLR, which either sends the parties back to mediation or finds the employer has satisfied its bargaining obligations, which permits the employer to implement its last best on the record offer.

Can the AEA strike if no agreement is reached? 

No, it is against the law for public employees in Massachusetts to strike.  Massachusetts General Laws chapter 150E section 9A provides:

• (a) No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by such public employees.
• (b) Whenever a strike occurs or is about to occur, the employer shall petition the commission to make an investigation. If, after investigation, the commission determines that any provision of paragraph (a) of this section has been or is about to be violated, it shall immediately set requirements that must be complied with, including, but not limited to, instituting appropriate proceedings in the superior court for the county wherein such violation has occurred or is about to occur for enforcement of such requirements.

What happens if a teachers’ union goes on strike?

The law requires that “[a]ny employee who engages in a strike shall be subject to discipline and discharge proceedings by the employer.”  (See G.L. chapter 150E, section 15.) 

If a union were to go on strike, the DLR will order the union to cease the strike and employees to return to work.  If the union does not comply with the DLR’s order, the DLR will seeks judicial enforcement of its order.  Failure to comply with a judicial order subjects the union to contempt charges and large fines.