BOSTON (WHDH) – The Boston Teachers’ Union filed a lawsuit against the city in an attempt to force the district to go entirely remote until coronavirus numbers go down.
In Suffolk Superior Court, a judge struck down the injunction, finding in favor of the city meaning the teachers will have to go back into their classrooms when told to.
Despite this ruling, union officials said they still believe they have a case and that they will continue to pursue it under the traditional grievance process with labor officials.
Under a mutual agreement between the city and its teachers, Boston Public schools are supposed to switch to a remote learning model when the COVID-19 positivity rate rises above 4 percent.
Last week, the positivity rate for Boston jumped to 4.1 percent and is now up to 4.4 percent.
“The position of the Boston Teachers Union is not to attempt to deprive any student of service. Rather we are trying to make sure that everything’s done safely in a way that everybody can get an education without getting ill or risking themselves,” attorney Jamie Goodwin said.
The mutual agreement also states that when the Boston Public Health Commission decides schools can reopen, the teachers are expected to return to the buildings.
Last week, the commission gave the School Department permission to continue in-person learning for the city’s high needs students.
Robert Hillman, the attorney representing the city, told a judge that public health officials should have the final say, even if the positivity rate exceeds 4 percent.
“That’s a tripwire. It’s a trigger that then kicks it to the second sentence. And the parties mutually chose what is essentially a referee. And that referee is the Boston Public Health Commission,” he explained.
Following the ruling, union leaders released a statement that reads in part:
“While we view the language in the safety agreement differently, what is most important is that we figure out a collaborative plan as soon as possible that includes safe staffing ratios, that reduces the viral footprint in our school buildings, and that ensures high-quality in-person instruction for our highest-needs students.”
Mayor Marty Walsh also released a statement reading:
“We are pleased that the court has preserved the opportunity for our highest-needs students to continue learning inside our schools, supported with the critical services that they require and deserve.”
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