At a recent public meeting, Lehighton Area School District presented a special information session to discuss Fact-Finder Michael Krchnar's recommended settlement to the ongoing contract negotiations between the school district and Lehighton Area Education Association.

Chief negotiator for LASD is Paul Blunt, Esquire, from the Law Office of King, Spry, Herman, Freund, & Faul, LLC of Bethlehem, PA. He conducted the information session."Please understand that I am not here this evening bargaining a contract," said Blunt at the onset of the information session.According to the information presented, there were some major issues in the negotiations settled before the fact-finding process began. These include the grievance process; work day - the number of instructional periods at the secondary level, prep time, and right to leave the building for personal business; and tuition reimbursement.According to Blunt, "The teachers' union was very reasonable with these issues and we came to a reasonable solution."Open issues between the two sides continued to be salary; healthcare; extra duty / co-curricular compensation; retirement benefits; and term of agreement.On November 27, the Pennsylvania Labor Relations Board appointed Krchnar to serve as the fact-finder in the impasse between LASD and LAEA. Both parties filed written statements. An informal conference was held December 13, at which time the five issues in dispute were identified.On December 20, a formal hearing was held at Lehighton Area School District Administration Building . At this hearing, both parties were afforded a full opportunity to present testimony, examine and cross-examine that testimony, introduce documentary evidence, and argue orally in support of their respective positions.The first issue in dispute is salary. LASD is seeking a total wage freeze for the 2012-2013 and 2013-2014 school years and proposes a step movement only in the 2014-2015 and 2015-2016 school years, which would be a 2.02 percent and 2.11percent increase, respectively.LAEA is proposing a step and column movement for one-half the 2012-2013 school year, beginning mid-year. Blunt contends that would be an increase of approximately 2.02 percent. For the 2013-2014 and 2014-2015 school years, they propose step and column movement - plus a 5 percent increase in each cell over the course of the two years. According to the information presented, this would amount to a 9.45 percent increase.In addition, the current agreement provides for years of service salary increases for professional employees who reach 20, 25, and 30 years of service. A professional employee who reaches 20 years of service gets $200 added to the salary schedule, 25 years of service gets $300 added, and 30 years of services gets $400 added. LAEA proposes to increase the amounts to $300 for 20 years, $600 for 25 years, and $900 for 30 years - with one-half of the payment being made for 2012-2013 school year. LASD is seeking to totally eliminate any longevity payments from the collective bargaining agreement.The fact-finder's recommendation is no step or column movement for the 2012-2013 school year; step movement only with no column movement for the 2013-2014 school year - 2.02 percent; step movement plus one percent added to the schedule with no column movement for the 2014-2015 school year - 3.11 percent; and step movement plus one percent added to the schedule with no column movement for the 2015-2016 school year -2.84 percent.In addition, it is recommended that the longevity provision continue as it currently exists - with no changes."I think it's pretty clear who the fact-finder favored here," said Blunt.The next issue is healthcare. LAEA is proposing no change from the current premium contribution rate - which is 1% of the average Bachelor salary for a single person -about $525 year; 1.2 percent of the average Bachelor salary for a married couple - about $630 a year; and 1.3 percent of the average Bachelor salary for a family - about $683 a year.LASD proposes to change both the rate and the criteria - 1.5 percent of all employees' Public School Employees' Retirement System (PSERS) eligible compensation for a single person, or an average of $780 a year per teacher and 2.0 percent of all employees' PSERS eligible compensation for all dependents, or an average of $1,040 a year per teacher.According to Blunt, the average premium contribution rates for Carbon County as of January 1, 2013 are $789 a year for a single person; $963 a year for a married couple; and $1002 a year for a family.As for prescription co-pays, LASD is not seeking to make any changes to the current agreement - Retail (30 day supply): $15 for Tier I; $35 for Tier II; and $60 for Tier III. Specialty: $15 for Tier I; $35 for Tier II; and $60 for Tier III. 90-day (mail order): $30 for Tier I; $65 for Tier II; and $90 for Tier III.LAEA proposes a reduction in co-pay amounts - Retail (30 day supply): $10 for Tier I; $20 for Tier II; and $40 for Tier III. Specialty: $10 for Tier I; $20 for Tier II; and $40 for Tier III. 90-day (mail order): $20 for Tier I; $40 for Tier II; and $80 for Tier III.Krchnar recommends that the parties maintain the current premium contribution rates for the first three years of the new agreement. However, in the 2015-2016 school year, his recommendation is to increase the contribution rates to 1.25 percent of the average Bachelor salary for a single person - about $656 a year; 1.5 percent of the average Bachelor salary for a married couple - about $788 a year; and 1.75 percent of the average Bachelor salary for a family - about $919 a year.In addition, it is recommended to continue the current co-pay amounts for the life of the new agreement.Blunt asked, "So, again, who is the fact-finder favoring here?"The third issue is extra duty/co-curricular compensation. At the present time, this schedule is contained in the collective bargaining agreement. LAEA is proposing to increase each stipend by 1.5% for the 2013-2014 school year and again in the 2014-2015 school year. LASD does not want the bargaining process slowed down by this issue and suggests that it be dealt with outside the normal bargaining process.According to Krchnar, this issue is not a mandatory subject of bargaining. Many school districts and their professional staff deal with this item outside the normal bargaining process so it does not impede a resolution of the more critical issues. Consequently, the fact-finder recommends that the parties designate two or three individuals from each side who are familiar with this issue to work outside of the bargaining process and make a recommendation on compensation and positions for adoption. The parties may include these recommendations in the agreement or via side-letter - whichever the parties deem appropriate.The next issue is retirement benefits. Currently, professional employees receive $100 per unused sick and personal days upon retirement. LASD is proposing to eliminate this benefit. LAEA wants to maintain this provision.According to the information presented, LAEA members receive 12 sick days per year and 4 personal days per year. Unused personal days convert to sick days.Krchnar finds that this issue is economic and can have a considerable cost associated to it in any given year. He contends that the way this provision is written and administered, it was not intended to be a retirement incentive - but rather a severance benefit. This benefit has been the practice for some time in the school district and most professional employees have or will calculate this benefit into their decision if and when to retire.According to the fact finder, it might be somewhat unfair to abolish this benefit at this time - especially for those who have 25 or more years of service and were, in good faith, counting on this benefit. Therefore, Krchnar recommends that the parties maintain the status quo over the life of the new agreement.According to Blunt, "The average teacher longevity is 35 years."The final issue is term of agreement. LASD is seeking a four-year contract. The school district contends that a four-year contract will help them better know what their costs will be over the next four-year period. They claim this will be helpful due to the fact that they have some major expenditures occurring over the next several years.LAEA is proposing a three-year agreement. However, the association does not oppose a four-year contract - if they make some economic gains during that period. Krchnar recommends that a four-year contract be adopted from September 1, 2012 to August 31, 2016.In closing, the fact finder recommends that any other matters not previously agreed upon or specifically addressed in his recommendations be withdrawn. Any agreements mutually made prior to the date of his report that are not specifically addressed in the report are recommended to be included - as agreed upon - in the agreement.In addition, Krchnar concluded that the school district is neither wealthy nor poor. LASD seems to fall somewhere in the middle when compared to other districts in Carbon County."I've always felt that not only the teachers - but the entire population of Lehighton Area School District - are among the best in the state and deserve respect," said School Board President Rocky Ahner. "The Board has accepted the fact-finding report and feels that if we go above the fact-finder's recommendation, this will not only affect the students - but will have an economic impact on the entire community."Ahner added, "There are ways of coming to an agreement, and trashing one another is not the way to go."Lehighton Area School Board approved the fact-finder's report in January. However, the membership of LAEA voted to reject it. The teachers have been working with a contract that expired August 31.According to Lehighton Area Education Association / PSEA / NEA President Annette Boyle, "LAEA will continue to bargain in good faith with the LASD bargaining team until a settlement is achieved. Based upon a post fact-finding meeting between the two teams, it would appear that an agreement is within reach."Negotiating for the teachers is Pennsylvania State Education Association UniServ Representative Charlie Shaffer. He represents PSEA members in Carbon and Schuylkill Counties .The complete fact-finder's report can be viewed at

www.dli.state.pa.us/plrb

http://www.dli.state.pa.us/plrb . Scroll down to "Fact-Finding Reports."For more information about the LASD presentation concerning the fact-finder's report, visit

www.Lehighton.org

http://www.lehighton.org/ or call (610) 377-4490.