We understand how frustrating it is waiting for money owed to you for the past eight years! We have been following up on the status of the furlough but it is still tied up in court. The last time we were in court, Judge Barrett-Anderson stated that she would sign an order compelling DOE to pay the 880 teachers that were employed in SY03 but not during SY98. This has yet to happen. GFT will have another court hearing at the end of the month. We are hoping the Judge can make a decision soon so that we can move forward with this case.
FURLOUGH PAY BATTLE TIME LINE
1832 Teachers were illegally furloughed due to the Guam Education Policy Board’s decision to delay the School Year ’03-’04 by two weeks.
A DOE Teacher at the time filed a personnel action before the Civil Service Commission (CSC) on July 15, 2003. She claimed she was not paid by DOE for the period of August 1, 2003 to August 17, 2003.
On April 12, 2004 DOE filed a request for an Alternate Writ of Prohibition against the CSC alleging that they did not have jurisdiction to hear this case. The Superior Court of Guam granted DOE’s request.
On May 5, 2004, the CSC answered the Writ request stating that according to Guam law and DOA rules and regulations, they do have jurisdiction to hear the case.
On June 15, 2004 the Superior Court of Guam, signed by Judge Alberto Lamorena, denied DOE the Writ of Prohibition and stated the CSC had jurisdiction to hear the case.
On July 2004, the CSC ruled that DOE must pay all other, permanent classified teachers the (40) hours for the pay period ending August 9, 2003 to August 23, 2003.
In 2006, DOE brought the matter to the Superior Court again this time asking for a Writ of Review to determine whether CSC’s action was legal and should be affirmed. Judge Barrett-Anderson heard the case and ruled that the teachers were entitled to be paid and issued an order in April 2006 saying so.
On September 2007, Superintendent Luis Reyes and GFT President Matt Rector sent a letter to Governor Camacho seeking assistance in getting the money owed to our Teachers.
That same year, GFT filed an action for Writ of Mandate to compel payment. The original plaintiff was no longer teaching at GPSS that year therefore GFT President Matt Rector stepped in as an agent for himself and all the affected teachers.
By March 2009, Judge Lamorena issued a Peremptory Writ of Mandate directing GovGuam and its agencies to find out which teachers were affected, compute the pay due to them, and pay them.
March 30, 2010, GFT Atty Robert Kutz filed a motion in the Superior Court of Guam seeking the court to enforce the 2009 Mandate ordering DOE and GovGuam to pay our teachers.
April 7, 2010 GEPB voted unanimously during the Board Meeting that the Superintendent must settle with the union. Settlement must include not only stolen wages but interest, penalties and legal fees.
June 7, 2010, Hearing was scheduled with Judge Lamorena. No resolution was made. Lamorena refers case to Judge Barrett-Anderson.
September 2010, Court ordered DOE to produce names of all the teachers affected by the furlough along with the amounts owed to them.
September 24, 2010, GFT announces to members to update contact info for furlough documents.
October 21, 2010, Court hearing.
December 2010, Judge Barrett-Anderson stated that she would sign an order compelling DOE to pay the 880 teachers that were employed in SY03 but not during SY98. Judge Barrett-Anderson has given DOE until January 17th to prepare their arguments.
March 31, 2011, Court hearing.