Salem ― The state Labor Board has ruled in favor of the school district’s two highest- ranking union officials after they complained Superintendent of Schools Brian Hendrickson retaliated against them when he suspended one for a year without pay and recommended firing the other.

The Connecticut State Board of Labor Relations in October ordered the Salem Board of Education to stop interfering with protected union activities and retaliating against employees.

Citing the Board of Education’s “unlawful conduct,” the three-member panel required school officials to reinstate Federation of Teachers Local 1833 co-presidents Mary Barone and Brian Fleming to the teaching positions they held before they were placed on administrative leave.

The evidence in the case shows “anti-union animus,” according to the panel. Fleming’s suspension and the move to terminate Barone both occurred after the union in May of last year issued a no-confidence vote against Hendrickson and Salem School principal Dan Driscoll for creating a “culture of fear and intimidation.”

The panel was critical of the district for escorting Barone and Fleming out of the school in front of other teachers and for prohibiting them from communicating with staff members in any way while on leave.

Hendrickson replaced nine-year Salem superintendent Joseph D’Onofrio at the start of the 2021-22 school year. The union since then has described plummeting morale and rampant turnover, while Hendrickson has referred to a “culture shift” he said comes from holding employees accountable where the previous administration may not have.

ESPN watching, chair throwing allegation

Hendrickson put Fleming on paid leave just over one week after the no-confidence vote, pending the investigation into allegations he was watching ESPN on his laptop while students worked independently. The superintendent, after commissioning an independent investigative report from attorney Giovanna Tiberii, ultimately suspended him for a year without pay.

A separate allegation that Fleming had thrown a chair in the classroom two years prior was found to be unsubstantiated by the investigator and the state Department of Children and Families.

The school board in testimony and legal briefs said the one-year suspensions stemmed from complaints lodged against Fleming by a member of the support staff and a petition from five students, including a child of the support staffer.

But the panel in its decision said those allegations only became an issue after Hendrickson went to the support staffer in the wake of the no-confidence vote to tell her Fleming had complained in an email six months prior that she was inappropriately discussing personnel issues and spreading false information.

“Immediately after reviewing the email, the staff person levied a two-year-old accusation against Fleming. Four days later, the school administration received the students’ petition, citing, among other things, the same two-year old allegation” about the chair throwing, the panel wrote.

The panel characterized Hendrickson as “the catalyst” behind the complaints against Fleming.

The labor board agreed with the reduced 30-day suspension recommended this summer by an arbitrator with the Connecticut State Department of Education, while maintaining that Hendrickson “would not have suspended Fleming for a full year in the absence of improper animus.”

The panel called for the school board to compensate Fleming for any financial losses incurred outside of the 30-day window.

Fleming taught seventh and eighth grade social studies when he was suspended; he came back at the start of the current school year to teach the same subject to third, fourth and fifth grade students.

Fleming on Monday said he’s hopeful the school board will abide by the labor board’s decision.

“This decision shows that when we bring issues to light based on facts, that facts matter,” he said.

The school board on Monday was set to discuss the decision behind closed doors.

Board of Education Chairman Sean Reith in a Monday statement said members reserve the right to appeal the labor ruling.

“The Board has and will continue to put the well-being of Salem’s students as first priority and will not back away from holding people accountable even when the process to do so may be burdensome (in light of the legal protections provided for public employees),” he wrote. “The Board seeks to move the district forward and prioritize the educational performance of our students.”

Barone, a career math teacher who was placed on 18 months of leave at the end of 2022, returned in March of this year. She is currently teaching middle school Spanish.

Bullying behavior

The labor board decision also requires the school board to compensate Barone for any financial losses directly attributable to its actions and to reimburse the union for attorney's fees.

Barone, a math interventionist for the Salem School District at the time, was placed on leave following a September 2022 incident at a school open house during which Hendrickson alleged she behaved unprofessionally when she was photographed pretending to be arrested by Resident State Trooper Kevin Crosby.

The resulting investigation into Barone, who has been teaching for 37 years, went back to 2012, when she was placed on a 10-day administrative leave after then-Superintendent H. Kaye Griffin alleged she exhibited “bullying” behavior during a union election. The allegations are she yelled at a colleague to “shut up” and referred to those in attendance as “asses.”

Barone returned at the time after she signed an agreement to abide by district policies and the state Code of Professional Responsibility for Educators, and to behave in a professional manner going forward.

In February of this year, an arbitrator with the Connecticut State Department of Education said Hendrickson’s vague accusations did not warrant termination of Barone’s career.

The arbitrator also disputed the findings of a workplace investigation by the Hartford-based Rose Kallor law firm, which was retained by the school district attorney to look at bullying comments she allegedly made to several female employees.

Barone in a Monday statement said administrative decisions must be based on what is in the best interests of students.

“It should go without saying that includes fostering a collaborative relationship with educators and following state labor laws,” she said.

She said decisions from two arbitrators and the labor board each found what she described as a hostile work environment.

“This latest decision goes even further by citing their conduct as illegal under Connecticut state law,” she said.

The union has held the superintendent and principal accountable, according to Barone.

“Now, it’s up to our elected school board to do likewise and ensure the kind of learning environment our students need and deserve,” she said.

Hendrickson in a statement reiterated the school board is contemplating an appeal of certain aspects of the labor board decision.

“It is unfortunate that our efforts to address these matters are being mischaracterized as anti-union animus,” he said.

He maintained union officers have been, and will continue to be, treated with the same respect and expectations as all faculty members.

“Salem is a wonderful community, and our students, families, faculty, and staff deserve a positive and safe learning environment,” he said. “Protecting such an environment can be challenging at times, given the system in which we operate, but our community and our students are worth it.”

e.regan@theday.com