Monday, December 14, 2009

NFT appeal denied

The Neshaminy School Board today issued a press release stating that a three judge panel of the Commonwealth Court issued a ruling last week favoring the Board's position that salary increases for academic credits are frozen until a new agreement is reached between the Neshaminy Federation of Teachers (NFT) and the District.

According to the Board's Negotiation Website, "In effect, the Commonwealth Court and the Labor Board have both decided, once again, that until a contract settlement is reached and ratified by both parties, no wage or salary increases are due to be paid."

Click here to read the press release in its entirety.


srodos said...

I believe the decision refers to wage adjustments based upon additional academic credits earned in the preceding year where payment was to be made after June 30,2008. The Court decided these adjustments are to be treated the same as step increases, basically, frozen, no contract no increase in either category.

KClarinet said...

Does anyone know the legal explanation of why, if the district is operating under an extension of the old contract and the raises are part of that contract, the step increments and academic credit incentives are don't have to be paid? I'm really not interested in a lecture about why people feel it's right not to pay these increases - I can fill all that in for myself. I'm interested in why only parts of the contract are enforceable under the law and perhaps a general rule about which parts of a CBA (anywhere - auto workers, commercial pilots, movie actors) remain in force under an extension during a negotiation.

Again, this is an informational question not meant to imply a position for or against the decision in this case.

Or, asked another way, is there a web URL where the actual decision of the judges can be read?

susan said...

It's about time the district got put into their place. other district employees are in danger of losing their jobs because of the greedy teachers, where is all the concern for the rest of the people employed by the district, who do they think keeps their classrooms clean, their staff lounges/bathroom clean, etc. all without a prep period or a contract that says they can only clean so much a day. Everyone pays into their health insurance, join the real world!!!! I agree teachers are important to our children's futures, but some of these teachers aren't worth a dime yet they feel they are entitled as much as the teachers who truly put time and effort into our children's educations.

JS said...

I believe the reasoning lies behind what they always refer to as the "spirit" of the law.

The reason in this case the bargaining agreement continues in effect even though it's expired is to prevent any School District from purposely letting the contract expire so they don't have to continue paying for certain things (health care, retirement incentives, etc)

You can't force the District to keep things status quo while you allow certain teachers to take classes and get paid more. Even for this rediculously unfair system (against school districts) that would be a bit much.

So essentially this freeze across the board is the only leverage School Districts have been afforded in this process, and thankfully the law agrees.

Now if you want a specific law reason, I haven't quite found that yet, just giving what I feel is the basis behind it.

srodos said...

"Google" Commonwealth Court of PA. The main page will show recent rulings and scroll down to yesterday's ruling regarding the School District.

KClarinet said...

srodos, thank you.

acs said...

The BCCT is really rowing the boat hard for the school board. Two front page articles on positives favoring the board's positions with NESPA and NFT negotiations. I have to believe the rank and file in both have to be very concerned about where their leadership has taken them.
By the way the most important line in the article was the last one:
No future bargaining sessions are scheduled, Webb said.
Mr. Webb once again closed the last meeting on Dec 7 by saying he was open to sitting down with Louise Boyd to continue discussions. So nothing scheduled a week later. Once again the NFT is playing fast and loose with truth and has no real interest in coming back to table.
William, what is the legal remedy here to ultimately settle this or do we go on and on and on with multiple strikes etc?

bd said...

It is amazing to see the hostility displayed by people in this blog. Teachers are required by state law to complete 180 hours of classes every 5 years or loss their teaching certificate. What other professional groups have this as a condition of employment(lawyers and doctors must take continuing ed classes to keep working). Remember that most of the problems the school districts face were not caused by the teachers or their contract but by the school board. The upcoming pension problems would have not surfaced if the district had put in its fairshare that the teachers have been putting in all along. The waste of money is still being felt every week - remember the recent insurance broker votes.

acs said...

BD What waste of money every week are you referring to? The excessive compensation packages Neshaminy district workers have?

JS said...

bd, nice try, but you forget 1 simple thing.

Neshaminy Teachers are contracted for 188.5 days a year. That's 8.5 days that students don't have to attend. Most (not all) of those days are inservice days that count towards the 36 hours a year they need.

Not 1 teacher I have ever known in PA has had to go to extra continuing education classes outside of the school year. (Of which I'll remind you that their inservice days are included in their contract)

You mention doctors and lawyers needing Continuing Education. You can add in every licensed health care employee (PTs, OTs, ATCs, Nurses, Chiropractors, Massage Therapists, etc. etc.), Architects, Engineers, Surveyors, Insurance Brokers, Social Workers, Psychologists. I'm sure their are more. What's more is that usually these professions have to go on weekends or take off from work to partake in CEU courses. Some how I see having them being built into your work year being easier.

The pension issue does not entirely rest on the School Board. Harrisburg sets the contribution requirement for school districts. Several years ago they lowered the amount from 7% to 4.78%. While the District should hold some responsibility for not wondering what would happen if the market tanked, why should they be blamed for putting in what they were told to?

Would you rather them have contributed more money than the state told them to while cutting educational programs? Yeah that would serve the students wouldn't it?

Nice try turning the blame towards the School Board, but when you point a finger a one you have 3 pointing back at yourself.