District Reveals Details of Teachers' Contract Negotiations to Public

The agenda for the March 28 Northport Board of Education meeting was supposed to be simple: a continuation of a line-by-line examination of the proposed 2011-2012 budget.

The meeting itself, however, proved to be anything but ordinary.

As teachers wearing black lined the Northport High School cafeteria, Ingerman Smith attorney John Gross laid bare in striking detail the status of negotiations between the district and the United Teachers of Northport.

While the presentation came as a surprise to members of the public, Gross explained that the district had not agreed to confidentiality with regard to negotiations, and reserved the right to hold a public meeting on the subject as long as the UTN was given 24 hours notice. The complete presentation is attached to this article. The details begin on page 85.

The union has been without a contract since June 30, 2010. After 16 meetings, an impasse was declared, and the two sides held their first mediation session. Gross said there is a chance the talks may move to factfinding, which involves a third party who makes a non-binding recommendation which must be accepted in whole or in part within five days.

Gross’s presentation revealed just how far apart the two sides are.  The district’s current proposal, made on Nov. 22, asks for a two-year contract from July 1, 2010 through June 30, 2012, and includes the following:

•  A hard freeze for the first year, in which unit members would receive a 0% increase and no step increment.  A hard freeze is a permanent loss of the across-the-board increase and increment.
• A freeze on base pay in the second year, with a ½ year increment freeze: There would be a one-time cash payment of $900 for teachers, $450 for nurses, and $350 for teaching assistants, plus the payment of increment to eligible unit members beginning March 1, 2012. Any further increases must be paid for by give backs.
• The elimination of the weighting of students
• Agreement to the District’s annual professional performance review (APPR), with the appeals procedure ending with the Superintendent of Schools. The UTN proposes that the process end with a panel of teachers.

The UTN’s August 25 proposal calls for four years with a total cost for the entire unit, including increment, of $12,614,000:

• Year 1 (2010-2011):  2% plus increment (4.98% total)
• Year 2 (2011-2012): 2.25% plus increment (5.23% total)
• Year 3 (2012-2013): 2.5% plus increment (5.48% total)
• Year 4 (2013-2014): 2.75% plus increment (5.73% total)

The District's list of give backs, includes:

• Union Rights: Time Off for Union Activities:  The union president would assume teaching/non-instructional duties.  Projected savings: $58,062.00
• Professional Growth: The number of times teachers may apply for a salary change would be reduced from 3 times/year to 1 time/year (on Feb 1).  Projected savings: $138,468.00
• Class Coverage: Teachers who are assigned to less than five periods a day would be required to cover classes at no additional pay. Projected savings: $24,992.33
• Non-Teaching Duties: The 90 day cap on the number of days high school teachers may be assigned to duty periods would be removed. Projected savings: under study
• Conditions of Professional Practice: Language would be inserted into the contract providing for unpaid student support, including NYS Test and Regents Exam Review. Projected savings: $66,070.00
• Health Insurance: Teacher contributions would be increased to 25%.  Projected savings: $472,479.00
• Extra-Curricular Compensation: The wage scale chart would be eliminated, replaced by an hourly wage of $48/hour. Projected savings: $71,857.00
• Extra-Curricular  Compensation: The elimination of AM-PM musical rehearsals and zero period rehearsals. Projected savings: $122,782.76.  Gross confirmed that the music rehearsals would continue; the district is asking for teachers to perform these tasks without reimbursement.
• Summer School Accumulation of Sick and Personal Leave: Summer school teachers would not accrue sick and personal leave days granted for the summer session.  Projected savings: $40,351.00
• Elimination of Professional Development Fund: Projected savings: $180,000.00

 Other UTN proposals include:

• RN pay during lunch if a medical necessity arises: There are a total of 15.60 nurse FTEs. Cost per occurrence is $65.95.  If a nurse were to claim an occurrence for 90 days, the total is per nurse. One year cost: $92,593.80
• RN eligibility for retirement benefit: The cost would increase as nurses accrue additionalsick time. Currently there is zero payment for 50 days and under. One year minimum cost:  $2,793.61. Minimum cost over the life of the contract:  $11,174.44
• Retirement Incentive: This would be based on the prior year estimated at $400,000 per anum -- possibly lower as age eligible employees retire and the eligible pool shrinks, resulting in an overall salary cost reduction. One year cost: $400,000
• Reduce teacher assistant contribution to dental insurance to the level of teachers: Currently 17 teacher assistants contribute 100% for dental insurance. Fifty teaching assistants have opted not to take the insurance. The UTN is asking the district to contribute 55%. One year cost for current enrollees: $11,037.54. The cost to the district if all teaching assistants were to enroll would be an additional $43,500.
• Excess Major Medical: The UTN is asking the District to increase its premium contribution to $50,000. One year cost: $17,000
• Disability Insurance: An increase in the District’s premium contribution to $50,000. One year cost: $15,000
• Salary increases, as proposed, would be applied to coaching, co-curricular and extra-curricular assignments. One year cost: $35,936.50
• Percentage increases would be applied to curriculum writing, conference attendance, etc. One year cost: $626.25
• Proposed salary increases would be applied to home instruction.  One year cost: $7,217.75
• Summer School: apply salary increases and increase RN compensation at the same formula as teachers.  One year cost: $16,429.75
• Increase longevity by $700, with the addition of a new category at 10-14 years: One year cost: $126,750.00
• One year total cost of all of the above proposals: $725,385.20

Gross said the UTN had indicated that a counter proposal would be forthcoming, but did not submit one. UTN President Antoinette Blanck confirmed that there had been further discussions since the union's Aug. 30 proposal but there have been no additional formal proposals. She pointed out that because of the sunset clause, which requires teachers to honor current contract provisions even though the contract has expired, the district has saved $3.4 million.

Once Gross had finished his presentation, the public reaction was swift, with audience members calling out questions from all sides of the packed cafeteria. One man angrily wanted to know if Gross had advised Board of Education members to attend the negotiations.

Gross replied that in years past, two or three members have sat in on sessions, but legally the whole board cannot attend. Regulations of the Public Employment Relations Board (PERB) hold that if a majority attends, they are barred from voting no. He said this year it was determined that board members would not attend, although one trustee did sit in on one session.

The man persisted in his questioning. “I don’t want to hear John Gross. I want to hear the board.” None of the trustees responded to the question.

Another audience member suggested that if teachers were being asked to give back, then everyone should: administrators, vendors, even Gross himself. “Everyone’s got to give.”

Gross replied that his cost for negotiations was included in his retainer fee.

In response to Gross’s remark that at the bargaining table, “the money was just not there," resident Joseph Sabia asked, “How can you say the money’s not there when administrators are receiving an 8.33% increase?”

Gross pointed out that 1.6% of the budget goes toward administrator salaries, whereas 70% goes for teachers’ salaries. “Ability to pay” and “comparability to other districts" are also considered in negotiations.

With regard to ability to pay, Fred Trudwig, a member of United Taxpayers of Northport-East Northport asked if reserves could be considered. Gross said only the unallocated reserve fund can be used for operating expenses including salaries, adding that use of other reserves would be a misdemeanor.

Once the contract discussions had ended, the teachers left the room. Nina Dorata, a member of UTN-EN, praised the Board’s decision to allow the presentation.

“It was a difficult decision,” Board President Steve Waldenburg admitted, but added, “The public does want to know.” He thanked administrators for taking a hard freeze themselves, to which an audience member added, “We’re all in freezes.”