A state
judge has placed a temporary restraining order on the Buffalo School Board for
trying to eliminate the controversial cosmetic surgery rider from the teacher
contract without negotiating it with the union.
The order
by State Supreme Court Justice Tracey A. Bannister came after the Buffalo
Teachers Federation filed a lawsuit Wednesday challenging the board’s decision
to force the contract change, arguing that it violates state laws on collective
bargaining.
The
lawsuit argues that some teachers use the benefit to pay for certain surgeries,
including some that are preventive, that are not covered under their regular
insurance. Those services include facial peels to prevent skin cancer and
treatment of mobility-limiting or disfiguring scarring caused by accidents. It
also covers treatment of female breast deformation and protruding ears on
children.
“It is my
understanding, based on my communications with unit members who obtain services
under the cosmetic surgery provision and with a physician who provides such
services, that the cosmetic surgery provision covers a range of services not
otherwise covered under the traditional plan,” BTF President Philip Rumore
wrote in his affidavit.
A
district spokesperson said the administration will abide by the judge’s ruling
until the issue is resolved. The two parties have a conference scheduled for
Aug. 2.
The board
voted earlier this month to eliminate the $5 million cosmetic surgery rider, a
proposal brought to the table by members of the departing board majority. The
board’s intention was to redirect those dollars to programs that have a direct
impact on students.
“The
judge has temporarily restrained the board from the very activity all the
parties, including the BTF, actually agree should be eliminated,” said board
member Larry Quinn, one of the members who sponsored the resolution. “Mr.
Rumore has promised to eliminate this practice for many years but has not done
so. This has cost the schoolchildren and the thousands of the teachers, who do
not enjoy the benefits of the cosmetic rider, tens of millions of dollars.”
The
decision, however, is unlikely to stand, regardless of what happens in court.
New board members – who were backed by the teachers union – take office Friday
and are expected to shift the balance of power on the board. Some already have
said they intend to bring the issue back up for a vote and reverse the
decision.
The
cosmetic rider has long been a controversial part of the Buffalo teacher
contract, drawing national media coverage from outlets including CNN and the
Atlantic. Critics say that teachers should not be able to receive cosmetic
procedures, such as breast implants and facials, at public expense.
Even
Rumore has said he is willing the give up the benefit.
The
board’s decision to force a change, however, may alter that. Teachers have been
upset by the board’s attempt to change a part of their contract without
negotiating it. Some have come forward with stories of how they have used the
surgery to fix deformation, burns and scarring.
As part
of its case, the union gave examples of cases where there would have been
irreparable harm to teachers or their families if they did not have access to
the coverage.
That
included a 1-year-old who was severely burned and whose standard medical
coverage did not include treatment to prevent scarring.
Other
teachers who have a family history of skin cancer use the rider to receive
laser or chemical treatments.
“While
many think the cosmetic surgery provision is just for face-lifts, it is also
for the prevention of severe scarring, pre- and post-cancer treatments, the
prevention of blood clots, etc.,” Rumore said.
“The
current board majority has not only shown its contempt for teachers, they are
also attempting to make the new board that takes office on July 1, 2016, look
bad when the new board overturns this clear violation of law.”
Tiffany
Lankes
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