Cranberry Area School District Teachers Union Contract fact finding

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FACTFINDING REPORT

CRANBERRY AREA SCHOOL DISTRICTANDCRANBERRY EDUCATION ASSOCIATION PSEA/NEA

THOMAS SEDWICK, PH.D.FACTFINDERCASE NO. ACT 88-08-7-WPLRB ASSIGNMENT DATE: APRIL 10, 2008HEARING DATE: MAY 1, 2008REPORT DATE: MAY 20, 2008APPEARANCESTHOMAS E. GRESH, ESQ. JEFFREY LEWIS, P.S.E.A.ANDREA C. PARENTI, ESQ.

THE CRANBERRY AREA SCHOOL DISTRICT, HEREIN REFERRED TO AS THE DISTRICT, AND THE CRANBERRYEDUCATION ASSOCIATION, HEREIN REFERRED TO AS THE ASSOCIATION, REACHED AN IMPASSE IN CONTRACTNEGOTIATIONS ON A SUCCESSOR AGREEMENT TO THE EXPIRED AGREEMENT COVERING THE PERIOD JULY 1,2001 TO JUNE 30, 2007. THE PARTIES HAVE MAINTAINED THE STATUS QUO UNDER THE EXPIRED LABORAGREEMENT, WHICH ENCOMPASSES THE PROFESSIONAL EMPLOYEES OF THE DISTRICT.IN SPITE OF THE GOOD EFFORTS OF STATE MEDIATOR GEORGE LOOMIS,, PENNSYLVANIA BUREAU OFMEDIATION, THE PARTIES WERE UNABLE TO REACH AN AGREEMENT, AND AT THE REQUEST OF THE DISTRICT,FACTFINDING WAS APPROVED BY THE PENNSYLVANIA LABOR RELATIONS BOARD. THE BOARD, BY ORDERDATED APRIL 10, 2008, APPOINTED THE UNDERSIGNED FACTFINDER, DR. THOMAS SEDWICK, TO HOLD HEARINGSAS NECESSARY, AND TO ISSUE A REPORT OF FINDINGS AND RECOMMENDATIONS IN THIS MATTER.THERE WAS A PROBLEM IN SCHEDULING THE HEARING DUE TO PREVIOUS SCHEDULES OF THE COUNSEL OF RECORD,THOMAS KING, III., ESQ. AND WHEN THE HEARING WAS HELD ON MAY 1, 2008, REPRESENTING THE DISTRICTWAS THOMAS BRETH, ESQ. AND ANDREA PARENTI., BOTH MEMBERS OF THE SAME LAW FIRM AS MR. KING.PARTIES PARTICIPATING DURING THE HEARING TESTIFIED UNDER OATH OR AFFIRMATION, AND THE PARTIESWERE GIVEN THE FULL OPPORTUNITY TO EXAMINE AND CROSS-EXAMINE WITNESSES. RELEVANT DOCUMENTSAND POSITIONS WERE OFFERED TO ME, AND I TOOK ALL MATTERS UNDER CONSIDERATION.AT THE CONCLUSION OF THE HEARING, I OFFERED TO RETURN SO THAT WE COULD EXPLORE THE ISSUES, ANDUNDERGO MEDIATION. THE PARTIES WERE IN AGREEMENT WITH THAT PROPOSITION, AND I MET WITH THEMON MAY 13, 2008.MATTERS RESOLVED DURING THE MEDIATION WILL BE COVERED BELOW.THE FOLLOWING ISSUES REMAINED UNRESOLVED, AND ARE AS FOLLOWS;SALARY SCHEDULERETROACTIVITY OF SALARY INCREASESEXTRACURRICULAR PAY AND RETROACTIVITYHEALTH INSURANCERETIREMENT INCENTIVEFAIR SHARESUMMARY CLAUSETEACHING TECHNIQUESCLASS SIZEINCLUSION TEACHERS

BACKGROUND - THE DISTRICT

THE CRANBERRY AREA SCHOOL DISTRICT IS LOCATED IN VENANGO COUNTY, PENNSYLVANIA, IN A MIXEDRURAL/SUBURBAN AREA, AND WITH DECLINING STUDENT ENROLLMENT.THE DISTRICT, BY ALL MEASURES, IS WELL-MANAGED, AND THE PRUDENT APPROACH TO FINANCES BY THEBOARD, AND THE SUPERINTENDENT, DR. NICK BODNAR, ARE TO BE COMMENDED. PROPERTY TAXES HAVEBEEN STABLE.IN ADDITION, THE DISTRICT’S GENERAL FUND BALANCE IS IN AN AMOUNT ACCEPTABLE BY A STANDARDSESTABLISHED BY OUTSIDE ORGANIZATIONS.FINALLY, THE DISTRICT OVER THE LAST SEVERAL YEARS, HAS BUDGETED MORE THAN IT ACTUALLY SPENT.AND I BELIEVE THAT MY RECOMMENDATIONS WILL NOT UNDULY STRESS THE RESIDENTS OF THE DISTRICT,WHO PAY A GOOD PART OF THE BILLS.THE DISTRICT, WHEN COMPARED TO OTHER DISTRICTS IN THE AREA AND IN THE STATE, IS SLIGHTLY BELOWSTATE AVERAGES FOR PROPERTY TAX EFFORT. AND WHILE THE DISTRICT IS NOT WEALTHY BY STANDARDMEASURES, IT HAS BEEN ABLE TO PROVIDE GOOD EDUCATION TO ITS STUDENTS, AND HAS A PROFESSIONALSTAFF THAT IS DESCRIBED BY DR. BODNAR AS EXCELLENT.WITH THOSE OBSERVATIONS IN MIND, LET US ADDRESS THE ISSUES.

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SALARY SCHEDULE:

ASSOCIATION POSITION - SALARY INCREASES, RETROACTIVE TO JULY 1, 2007, WITH INCREASES AT ABOUT FOURPERCENT PER YEAR, PLUS NORMAL STEP ADVANCEMENT.THE OVERALL IMPACT WITH THE ASSOCIATION’S POSITION IS THAT THE TOTAL PERCENTAGE COST OFINCREASES WOULD BE IN THE HIGH SIX PERCENT TO LOW SEVEN PERCENT RANGE OVER THE FIVE YEARPROPOSED AGREEMENT.DISTRICT POSITION - 2.75 PERCENT INCREASES INCLUDING STEP, WITH RETROACTIVITY TO JULY 1, 2007,,EXCEPT FOR FORMER MEMBERS OF THE BARGAINING UNIT WHO DEPARTED EMPLOYMENT AT THE END OF THE2006-2007 SCHOOL YEAR. IN ADDITION, THE DISTRICT IS PROPOSING THE ADDITION OF SALARY STEPS.FACTFINDER DISCUSSION - IN COMING UP WITH MY SALARY RECOMMENDATIONS, I CONSIDERED SEVERALDIFFERENT FACTORS, INCLUDING THE DISTRICT’S ABILITY TO PAY, THE COMPETITIVE POSITION OF THEDISTRICT IN TERMS OF SALARIES, AND THE TOTAL ECONOMIC PACKAGE THAT I AM RECOMMENDING.THE ASSOCIATIONS’ POSITION IS SOMEWHAT HIGH, AS IS OFTEN THE CASE IN COLLECTIVE BARGAINING, WHILE THEDISTRICT’S POSITION IS SOMEWHAT LOW, AS IS ALSO OFTEN THE CASE. THE TASK OF THE FACTFINDER IS TO FIND APOSITION THAT MAY BRIDGE THE GAP BETWEEN THE ASSOCIATION AND THE DISTRICT ON SALARY MATTERS.I SPENT AN INORDINATE AMOUNT OF TIME COMING UP WITH SALARY INCREASES FOR THE PERIOD JULY 2007TO JUNE 2012. AND WHEN I ATTEMPTED TO COMPUTE THE IMPACT OF THE BOARD‘S PROPOSAL TO HAVE THEINCREASES TO INCLUDE STEP ADVANCEMENT, I KEPT COMING UP WITH A SCHEDULE THAN WENT BACKWARDS.THAT IS, MORE EXPERIENCED TEACHERS, NEAR THE TOP OF THE STEP SCHEDULE (FIFTEEN STEPS, EVENTHOUGH STEPS FIVE AND NINE HAVE DISAPPEARED, MUCH LIKE HARRY POTTER WRAPPED IN HIS INVISIBILITYCLOAK) WOULD ACTUALLY GO BACKWARDS IN PAY RECEIVED UNDER THE NEW CONTRACT. THIS DOES NOTCOMPUTE FOR ME. AND IT IS NO WAY, IN MY OPINION, TO TREAT THE HUMAN CAPITAL OF THE DISTRICT. THESEEXPERIENCED TEACHERS ARE REALLY THE PEOPLE WHO MENTOR THE NEW TEACHERS, HELPING THOSE NEWTEACHERS TO ENTER THE VITAL FIELD OF ELEMENTARY AND SECONDARY EDUCATION.IN ADDITION, A RETROACTIVE SALARY INCREASE, EXCLUDING BARGAINING UNITMEMBERS WHO LEFT THE EMPLOYMENT OF THE DISTRICT IS PROBLEMATIC, FROM A CONTRACTUALSTANDPOINT. THEREFORE, I WILL RECOMMEND FULL RETROACTIVITY FOR ALL MEMBERS OF THE BARGAININGUNIT REACHING BACK TO THE 2007-08 CONTRACT YEAR. THE MATTER OF BACK PAY FOR THOSE DEPARTEDMEMBERS MAY HAVE TO BE RESOLVED IN A DIFFERENT VENUE.IN SUMMARY, THIS IS THE APPROACH I USED TO MAKE MY RECOMMENDATIONS ON SALARY INCREASES.APPENDICES TO THIS FACTFINDING REPORT SPELL OUT THE SALARY SCHEDULES.I CALCULATED, AND ADDED TO EVERY CELL IN THE SALARY SCHEDULE, IN THE AMOUNT OF 3.7% PER YEAR OFTHE PROPOSED AGREEMENT. EACH INCREASE WAS APPLIED TO THE PRIOR YEAR SALARY AT THAT CELL, ANDSALARIES WERE ROUNDED TO THE NEAREST ONE HUNDRED DOLLARS. THERE ARE REMAINING SOMEANOMALIES AND JUMP OR BUMP STEPS, BUT THESE ARE THE PRODUCT OF PRIOR YEARS SALARY COMPACTION.IT WAS BEYOND MY ABILITY TO ELIMINATE THOSE BUMPS WITHOUT THE PARTICIPATION OF THE PARTIES.PERHAPS THE NEXT CONTRACT NEGOTIATIONS IN 2012 COULD BETTER DEAL WITH THAT.I ALSO DID NOT ADD COLUMNS FOR COURSEWORK BEYOND THE MASTERS DEGREE. THE LANGUAGE OF THEEXISTING AGREEMENT ADDS IN SOME ADDITIONAL PAYMENT FOR THAT, AND AGAIN, IT WAS BEYOND THESCOPE OF MY ASSIGNMENT, GIVEN THE TIME RESTRICTIONS TO WHICH I MUST ADHERE, UNDER ACT 88.FINALLY, THE ASSOCIATION WANTED ME TO CONSIDER SOME ADDITIONAL AREAS FOR PAY, SEPARATE FROMEXTRA-CURRICULARS, BUT I DID NOT, GIVEN THE TASKS FACING US. THAT MAY BE AN APPROPRIATE SUBJECTFOR FUTURE CONTRACTS.I WOULD ASK THE PARTIES TO CONSIDER THESE RECOMMENDATIONS, KEEPING IN MIND THE TOTAL ECONOMICPACKAGE BEING RECOMMENDED.

EXTRA-CURRICULAR PAY, INCLUDING RETROACTIVITY

ASSOCIATION PROPOSAL - INCREASES IN THE EXTRA-CURRICULAR SCHEDULE EQUAL TO THE PERCENTAGE

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