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	<title>School Board Transparency &#187; fact-finder</title>
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	<description>Sunlight on Board-Union Contract Negotiations</description>
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		<title>Whitehall-Coplay Area SD and union reach agreement</title>
		<link>http://www.schoolboardtransparency.com/?p=397</link>
		<comments>http://www.schoolboardtransparency.com/?p=397#comments</comments>
		<pubDate>Mon, 30 Nov 2009 13:20:41 +0000</pubDate>
		<dc:creator>Paul Fisher</dc:creator>
				<category><![CDATA[News and Issues]]></category>
		<category><![CDATA["Right-to-know Law"]]></category>
		<category><![CDATA[Collective Bargaining]]></category>
		<category><![CDATA[fact-finder]]></category>
		<category><![CDATA[media/reporting]]></category>

		<guid isPermaLink="false">http://www.schoolboardtransparency.com/?p=397</guid>
		<description><![CDATA[It didn&#8217;t take the Whitehall-Coplay School Board (Lehigh County) and the teachers union very long to reach a consensus after receiving the fact finder&#8217;s report on November 18, 2009. On Tuesday, November 24th, the board and the union voted to unanimously approve the recommendations. This mutual agreement &#8220;seals the deal&#8221; on a new 2-year contract, retroactive [...]]]></description>
			<content:encoded><![CDATA[<p>It didn&#8217;t take the <a href="http://www.whitehallcoplay.org/districtsite/">Whitehall-Coplay</a> School Board (Lehigh County) and the teachers union very long to reach a consensus after receiving the fact finder&#8217;s report on November 18, 2009. On Tuesday, November 24th, the board and the union voted to unanimously approve the recommendations. This mutual agreement &#8220;seals the deal&#8221; on a new 2-year contract, retroactive to September 1, 2009.</p>
<p>Only a few minor details were reported in the <a href="http://www.mcall.com/news/all-a11_5whitehallsd.7098371nov26,0,7142295.story" target="_blank">Morning Call&#8217;s article</a>:</p>
<blockquote><p>The contract provides for annual raises of 1 percent, plus salary step increments, which translates into average yearly pay increases of 2.9 percent. Under the pact, the teachers&#8217; health care coverage remains the same.</p></blockquote>
<p><strong>Want to know more about the specific details?</strong>&#8230;you&#8217;ll probably have to file a Right to Know request with the district. The Pennsylvania Labor Relations Board (PRLB) does not release a copy of the fact finder&#8217;s report to the public, unless one party votes to reject it.</p>
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		<title>East Pennsboro union rejects fact finder report</title>
		<link>http://www.schoolboardtransparency.com/?p=173</link>
		<comments>http://www.schoolboardtransparency.com/?p=173#comments</comments>
		<pubDate>Sat, 30 May 2009 14:40:50 +0000</pubDate>
		<dc:creator>Fred</dc:creator>
				<category><![CDATA[News and Issues]]></category>
		<category><![CDATA[fact-finder]]></category>
		<category><![CDATA[graduate credit]]></category>
		<category><![CDATA[seniority]]></category>

		<guid isPermaLink="false">http://schoolboardtransparency.org/?p=173</guid>
		<description><![CDATA[The union membership in East Pennsboro Area SD (Cumberland County) rejected a fact finder&#8217;s report, according to a story in the Carlisle Sentinel.  The board accepted the report by a 7-0 vote (two members absent).  As usual the text of the fact finder&#8217;s report is enlightening.  Reports like this are one of [...]]]></description>
			<content:encoded><![CDATA[<p>The union membership in East Pennsboro Area SD (Cumberland County) <a href="http://www.cumberlink.com/articles/2009/05/29/news/local/doc4a1ed363ce0f0604353393.txt">rejected a fact finder&#8217;s report</a>, according to a story in the <em>Carlisle Sentinel</em>.  The board accepted the report by a 7-0 vote (two members absent).  As usual the <a href="http://www.dli.state.pa.us/landi/cwp/view.asp?a=136&amp;q=252465">text of the fact finder&#8217;s report</a> is enlightening.  Reports like this are one of the few places where the public can learn what school contract negotiations are actually about.</p>
<p>The union wanted a five-year contract while the board, citing economic uncertainties, proposed three. The fact finder agreed with the board.</p>
<p>The big dollar differences between the proposals of the board and the union involve salary.  The district was offering pay increases averaging 2%.  The union was demanding 4.5% per year.  On this issue the fact finder roughly split the difference, leaning slightly toward the union position.  He recommended average increases ranging from 3.8% to 4% &#8212; which doesn&#8217;t sound too shabby during a recession.  (He tilted toward the board on several other issues.)</p>
<p>The union chutzpah on graduate credits was almost breath-taking.  East Pennsboro teachers now get pay raises for earning 45 graduate credits (without a masters), for a master degree, and for M+45.   This is called &#8220;lateral&#8221; movement on a salary scale, as distinct from &#8220;vertical&#8221; movement based on seniority.  The union asked for the addition of <strong>seven</strong> new pay increases for earning graduate credits.    Under the union proposal teachers would get salary boosts after earning 12, 24 and 30 credits beyond the bachelor&#8217;s degree;  15, 45 and 75 credits after the master&#8217;s degree, and after earning a Ph.D.   The fact finder recommended adding only one new increment &#8212; M+75.</p>
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		<title>News flash? Public officials can legally ask for public comments</title>
		<link>http://www.schoolboardtransparency.com/?p=152</link>
		<comments>http://www.schoolboardtransparency.com/?p=152#comments</comments>
		<pubDate>Fri, 17 Apr 2009 20:02:32 +0000</pubDate>
		<dc:creator>Fred</dc:creator>
				<category><![CDATA[News and Issues]]></category>
		<category><![CDATA[fact-finder]]></category>
		<category><![CDATA[media/reporting]]></category>
		<category><![CDATA[strike]]></category>

		<guid isPermaLink="false">http://schoolboardtransparency.org/?p=152</guid>
		<description><![CDATA[One of the state&#8217;s longer-running contract negotiations will go on still longer.  On April 15 the Northwest Area SD (Luzerne County) board rejected a union settlement offer by a 5-3 vote.  While trying to find out what the dispute is all about I belatedly stumbled on a two-years-old, must-read ruling by the Pennsylvania [...]]]></description>
			<content:encoded><![CDATA[<p>One of the state&#8217;s longer-running contract negotiations will go on still longer.  On April 15 the Northwest Area SD (Luzerne County) board rejected a union settlement offer by a 5-3 vote.  While trying to find out what the dispute is all about I belatedly stumbled on a two-years-old,<a href="http://www.dli.state.pa.us/landi/lib/landi/plrb/2007_orders/july/pera-c-06-188-e.pdf"> must-read ruling by the Pennsylvania Labor Relations Board</a> &#8212; striking down a union attempt to muzzle the Northwest Area school board.</p>
<p>By the way, don&#8217;t bother looking for details about the points still at issue in the Northwest dispute in <a href="http://www.citizensvoice.com/articles/2009/04/16/news/wb_voice.20090416.t.pg8.cv16cdnorthwestarea_s1.2451599_loc.txt">the online report in CitizensVoice.com</a>.  All you&#8217;ll learn is that the union &#8220;made concessions.&#8221;  If you go to <a href="http://www.northwest.k12.pa.us/">the school district website</a> (and look under &#8220;district news&#8221;), you&#8217;ll find a summary of the board&#8217;s formal contract offer as of October 8, 2008, including a proposed salary schedule.  However, I didn&#8217;t find the board excerpts from its offer easy to follow.</p>
<p>I understood the issues better after reading <a href="http://www.dli.state.pa.us/landi/lib/landi/plrb/fact_finding/northwest_area_sd.pdf">a fact finder&#8217;s report</a> dated September, 2006.  (This dispute has been going on for a long time and has included strikes and &#8220;work to rule&#8221; tactics.)  <a href="http://www.northwestunion.com/">The teacher union&#8217;s website</a> struck me as more user-friendly than the board&#8217;s webpage, but it&#8217;s even less informative.  It includes a lot of letters from teachers, but its numerical data tells you very little about what the union is demanding while purporting to show that the district has plenty of money to meet those demands.</p>
<p><a href="http://www.dli.state.pa.us/landi/lib/landi/plrb/2007_orders/july/pera-c-06-188-e.pdf">The PLRB decision</a> was the real find.  It seems that the Northwest board (back when negotiations begun) entered into an ill-advised honor-system agreement not to publicize its own proposals.   At some point the board apparently decided that honor system meant that the board was expected to honor this agreement while the union worked the system.  Anyway, the board published its proposal (not the union&#8217;s), and the union called this an &#8220;unfair labor practice.&#8221;  A hearing examiner ruled in favor of the board, and the PLRB denied the union&#8217;s appeal on July 17, 2007.   Here are excerpts from the PLRB decision (legal citations omitted and italics added).</p>
<blockquote><p><strong>&#8230; the breach of a ground rule for negotiations is not a violation of the duty to bargain in good faith &#8230; The Hearing Examiner credited the District’s testimony that it passed the April 19, 2006 resolution concerning public examination of the tentative agreement “to quell the public’s aroused perception that it had no prior notice of how its money was spent … rather than with the express purpose of thwarting the negotiating process.”<br />
&#8230;<br />
<em>At its most basic level, what the Association is seeking to restrict is when, where and how a governmental body may consult the public with regard to matters of collective bargaining before ratifying a tentative agreement.</em> However, the public employer’s process of considering a tentative agreement, and deciding whether to obtain public input, is within the public employer’s exclusive purview. The same holds true for a union. It is well recognized that polling of employes and the union’s contract ratification procedures are internal union matters that neither an employer nor non-members of the union have standing to challenge before the Board.  <em>As was aptly recognized by the Hearing Examiner, <strong>the District was entitled to obtain the public’s opinion before it voted on ratification of a tentative agreement, and it does not matter whether it chose to do so for a period of “ten seconds, ten minutes, ten hours or ten days.”</strong></em></strong></p></blockquote>
<p>I think that nails it.  The union, which has every right to tell its own members whatever it thinks best, tried to impose a gag rule on elected officials&#8217; right (a <strong>duty</strong>, I&#8217;d say) to tell the public how those officials were proposing to spend public money.  I think that the board made a mistake in ever agreeing to gag itself &#8212; <a href="http://schoolboardtransparency.org/about/">an agreement that doubtless sounded sensible</a> at the start of negotiations but a mistake nevertheless.  But the board&#8217;s ultimate decision to publish resulted in an important statement of principle by the PRLB.  That statement deserves to be more widely read.</p>
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