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COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LABOR RELATIONS BOARD

IN THE MATTER OF THE FACTFINDING BETWEEN

FORBES ROAD CAREER AND : TECHNOLOGY CENTER : : FACT FINDING REPORT And : CASE NO. ACT 88-18-5-W : FORBES ROAD CAREER AND : TECHNOLOGY CENTER EDUCATORS :

FACT FINDING REPORT AND RECOMMENDATIONS

HEARING: July 24, 2018 Monroeville PA FACT FINDER: Michael J. O’Connor, Esq. FOR THE DISTRICT FOR THE ASSOCIATION Russell Lucas, Esq. Christine A. Cortazzo

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Procedural History Pursuant to Act 88 of 1992 (Act 88) and the Public Employe Relations Act, Act 195 of 1970 (PERA), notice was received by the Pennsylvania Labor Relations Board (PLRB) from the Bureau of Mediation that no agreement had been reached between Forbes Road Career and Technology Center (CTC) and the Forbes Road Career and Technology Center Educators (Association). By letter dated June 19, 2018, the PLRB appointed the undersigned to act as a factfinder, vested with the authority above. Subsequent to such notice, the parties were duly notified, and a hearing was held on July 24, 2018, in Monroeville, Pennsylvania; at which time both parties were afforded a full opportunity to present testimony, examine and cross examine witnesses, and introduce documentary evidence in support of their respective positions. This Report contains recommendations for the unresolved issues between the parties that created the impasse. The recommendations constitute the settlement proposal upon which the parties are now required to act, as directed by statute and PLRB regulations. Pursuant to statutory authority, this Report will be released to the public if not accepted. A vote to accept the Report does not constitute agreement with or endorsement of the rationales, but rather represents only an agreement to resolve the issues by adopting the recommendations. The parties are directed to review the Report and, within ten days of its issuance, notify the PLRB of their decision to accept or reject the recommendations. Background The parties last collective bargaining agreement (CBA) ran from July 1, 2014 to June 30, 2017. The Association pointed out that the three prior CBA’s were five (5) year terms and recommends a five (5) year term for this upcoming CBA. The CTC had initially recommended another three (3) year term, but at the recent hearing recommended a four (4) year term. The CTC provides technical skill training for students of various referring schools; Allegheny Valley, East Allegheny, Gateway, Highlands, Penn Hills, Plum, Riverview, Wilkinsburg and Woodland Hills. Franklin Regional also refers some

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students to the CTC, but the majority of their students seeking technical training are referred to Northern Westmoreland CTC.

RECOMMENDATIONS

TERM: I recommend a four (4) year term as follows:

ARTICLE XII DURATION OF AGREEMENT

A. EFFECTIVE DATE

This agreement shall be effective as of July 1, 2017 and shall continue in effect until June 30, 2021. This agreement shall not be extended orally, and it is understood that it shall expire on the date indicated.

VACANCIES: The Association proposes the following language be added to Article IV Section G regarding posting of vacancies: The school will post vacancies on PA-Educator.net and send the posting via electronic mail to all bargaining unit members. The Association rationale is by posting on PA-Educator.net it would open up listings to a broader base to facilitate finding qualified candidates. The CTC is concerned with the cost; $1200.00 per posting. I recommend the following:

ARTICLE IV TEACHER RIGHTS AND RESPONSIBILITIES

G. POSTING OF VACANCIES

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The employer agrees to give the professional staff preference for any position to be filled, provided they are properly certified and/or qualified. Whenever a vacancy or new position is declared, the Director shall promptly post notice of same. Any vacancy or new position will be posted with job title, description and required qualifications. The school will send the posting via electronic mail to all Bargaining Unit members. RELEASE TIME: The Association proposes the number of days for release time for meeting be increased from 3 to 10. It appears that during negotiations the CTC agreed to an increase to 5 days. I recommend the following an increase to 5 days as follows:

ARTICLE V ASSOCIATION RIGHTS AND PRIVILEGES

B. RELEASED TIME FOR MEETINGS Whenever any representative of the Association or any professional employee participates during working hours in negotiations, grievance proceedings, conferences or meetings called or approved by the employer, he/she shall suffer no loss in pay. The Association President or designate shall be entitled to five (5) days paid leave per school year for Association business. The Association will reimburse the employer for the cost of substitutes. WORK YEAR: The Association proposes the number of in-service clerical days be increased from two (2) to four (4). The current contract has one in-service clerical day in the beginning of the school year, and one at the end of the school year. The Association proposes two in the beginning of the schooI year, one day in January and one day at the end of the year. The Association rationale is that one day is insufficient to prepare classrooms. It appears the CTC proposed to increase the days from two (2) to three (3). One in the beginning of the year, one in January and one at the end of the school year. I recommend the following:

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ARTICLE VI WORK YEAR/WORK DAY/EXTRA SERVICE

A. WORK YEAR

2018-2019, 2019-2020, 2020-2021 5. Four (4) in-service days shall be scheduled each work year for clerical

duties- Two (2) days at the beginning of the school year, one in January and one at the end of the school year.

OPEN HOUSE The CTC wants to increase the number of Open House events from two (2) to three (3). The Association wants to maintain the current two (2) Open House events, but shorten times for Open House Events by .25 hour, and the Certificate Ceremony by .50 hours. Association also proposes allowing the early dismissal of 1:00 on the day of events stated in the current contract to be taken on any day after the day of the event. I recommend no change in terms.

PART-TIME EMPLOYEE WORK DAY The CTC proposes that Part-Time (half-time) employees school day be 7:00 a.m.– 11:00 a.m. or 9:00 a.m.- 1:00 p.m. This would be a change from the current contract which provides 7:15 a.m.- 11:15 a.m. or 9:00 a.m.- 1:00 p.m. The Association requests the status quo. I recommend the following:

ARTICLE VI WORK YEAR/WORK DAY/EXTRA SERVICE

C. EMPLOYEE DAY – PART-TIME EMPLOYEE 4. Part-time (half-time) employees’ school day will be 7:00 a.m. to 11:00 a.m. or 9:00 a.m. to 1:00 p.m. The time scheduled will be at the discretion of the Administrative Director per enrollment needs.

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PART-TIME EMPLOYEE INSURANCE

The CTC proposes to eliminate insurance for part-time employees. The Association requests no change in the language in the current contract providing benefits to part-time employees. I recommend no change in terms. RETIREMENT INCENTIVE: The current contract provides that, upon retirement, a member with 15 years continuous service would receive sixty dollars ($60) for each unused sick day up to a maximum of one hundred and fifty (150) days. The Association has proposed increasing the amount from sixty dollars ($60) to eighty dollars ($80). The CTC has proposed the amount remain sixty dollars ($60), but the maximum unused sick days be reduced from one hundred and fifty (150) to one hundred and twenty five (125). I recommend no change in terms. The current contract provides that, upon retirement, professional employees age sixty two (62) or older, with fifteen (15) years continuous service shall be provided $15,000 payable in monthly disbursements over 3 years and the same medical, vision, dental and prescription coverage as is provided active employees. Art. VII, E, 2(a-e). The Association proposes the $15,000 be increased to $30,000 and the age be reduced from sixty two (62) to fifty eight (58). The amount had been $25,000 approximately twenty (20) years ago. The age had been fifty eight (58) prior to last contract. The CTC proposes keeping the retirement age at sixty two (62) but eliminating the $15,000 incentive. The CTC also proposes eliminating the insurance coverage for spouse and children; only offering insurance to retired employee. I recommend the following:

ARTICLE VII COMPENSATION AND FRINGE BENEFITS

E. RETIREMENT BENEFITS 1. Unused Sick Leave No change in terms.

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2. Upon retirement, professional employees age fifty eight (58) or older with fifteen (15) years continuous service with Forbes Road Career and Technical Center retiring in years 2018-2019, 2019-2020 or 2020-2021 of this contract shall be provided the following: a. $25,000 payable in monthly disbursements over 3 years, with the first payment commencing the end of the next month following the official date of retirement. b. – e. No change in terms. SICK/PERSONAL LEAVE The Association proposes reinstating the use of ½ sick and ½ personal days. The CTC is against this proposal but is willing to extend ¼ days from 4 to 8. I recommend the following:

ARTICLE VIII Leave Policy

A. PERSONAL/EMERGENCY LEAVE First paragraph; No change in terms. Second paragraph as follows:

Personal and sick days may be taken in one-quarter (1/4) day allotments each year to a maximum of eight (8) one quarter (1/4) days in a given year. This time must be taken after 1:00 p.m. Advanced one-half (1/2) sick and one-half (1/2) personal days will no longer be approved. Staff must take full sick or full personal days or one-quarter (1/4) days when the need arises. CREDIT REIMBURSEMENT

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The current contract provides that the cost of credits earned shall qualify for a one-time reimbursement of 100% of the actual cost to a maximum of $300 for undergraduate and $442 for graduate credit up to a maximum of fifteen (15) credits per year. The Association proposes that the costs of credits earned shall qualify for a one-time reimbursement of 100% of the actual cost up to a maximum of twenty-four (24) credits. The CTC proposes 100% of tuition reimbursement, not to exceed the average IUP credit hour cost for a maximum of 18 credits. The CTC also proposes a payback by the employee if the employee leaves voluntarily during the term of the contract. I recommend the following:

ARTICLE VII Compensation and Fringe Benefits

F. PAYMENT FOR CREDITS 1. Cost of credits earned during the term of this Agreement, while an individual is an employee of the employer, shall qualify for a one-time reimbursement of one hundred percent (100%) of the actual cost of one hundred percent (100%) of the tuition rate for a maximum of eighteen (18) credits per year. A year shall be defined as the school year – August – August. The maximum number of credits allowed (18), shall be prorated if an employee is hired during the school year. Only the actual cost of the credits is reimbursable. Activity fees, lab fees, etc are not reimbursable. 2. – 3. No change in terms. WAGES The current contract does not have a salary schedule and states that salaries and salary increases of employees are set forth in Appendix A.

The Association proposed salary schedules for years 2017-2018, 2018-2019, 2019-2020, 2020-2021 and 2021-2022. In order to create this, it created a salary matrix and schedule for 2016-2017, the last year of the current contract. The Association proposed a 2017-2018 average salary increase of $2,765 from the actual 2016-2017 average salary, 2018-2019 average salary increase of $2,904, 2019-2020 average salary increase of $3,049, 2020-2021 average salary increase

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of $3,201 and 2021-2022 average salary increase of $3,361. The proposed salary increase each year is 5.0%.

The CTC proposed a freeze for 2017-2018, an $800 salary increase for all

full-time professional employees for 2018-2019 (1.5%), a $1,100 salary increase for 2019-2020 (2.03%) and a $1,400 salary increase for 2020-2021 (2.53%). Both parties submitted evidence in support of their respective positions, including whether to have a salary schedule. I reviewed all evidence/documentation submitted in this matter. There appear to be thirty two (32) full-time professional employees. Their certificates range from Intern, Vocational I, Instructional I/Vocational 2, Instructional 2/Vocational 2+B, Master Equivalency/Masters and Master+30. This may appear to support the argument in favor of a salary schedule, but it would not make it necessary. I understand that the significant majority of school districts, intermediate units, career and technology centers etc. have salary schedules but I am not recommending one in this case. I do not believe a freeze for 2017-2018 is appropriate. This is based upon the fact that the CTC had budgeted an increase of $1,800 per professional employee for that year. The CTC also budgeted an increase of $1,800 per professional employee for the 2018-2019 school year. The CTC argued that the money budgeted for the 2018-2019 year was the same $1,800 as that previously budgeted, but not paid, the prior year; 2017-2018. I would recommend a retroactive salary increase of $1,500 (2.71%) for all full-time professional employees for the 2017-2018 school year.

For the following three years, I believe the CTC’s proposals are too low, and the Association proposals too high. I would recommend an $1,800 salary increase for 2018-2019 (3.17%), $2,100 for 2019-2020 (3.58%) and $2,200 for 2020-2021 (3.62%). I think these recommended salary increase percentages are more in line with the salary increase percentages of the sending districts, although the actual annual average increase I proposed ie. $1,800 may be less than the actual annual average increases of the sending districts. Based on the presentations of the parties, I believe the CTC would have the funds to pay these moderate salary increases to its’ thirty two (32) full time

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professional employees. The CTC’s cost of Total Salaries and Benefits have only increased by 3.2% on average over the past four years and bargaining unit pension costs alone (57%) have been the driving force of that modest 3.2% increase and not bargaining unit salary and health benefit costs. The PSERS Employer Contribution Rate average increase going forward is significantly less than the 3.0-4.6 annual increases from 2011-2012 through 2016-2017. The CTC conservatively budgets every year and there is no claim that it mismanages its money. To the contrary, through its budgeting, it appears it is able to pay for a $1.9 million roof replacement. This to be commended. My recommendations for salaries, including for supplemental positions is included in Appendix “A”. I recommend 3.0% annual salary increases for all supplemental positions. HEALTHCARE The current contract provides that the employer shall assume the full cost of the plan, less a premium payment of $70 for the 2016-2017 school year. It was $50 in 2014-2015, and $60 in 2015-2016. The Association proposes $70 each year of the contract. The CTC proposes $70 plus one half of the health plan premium increase for the term of the contract.

There will not be any premium payment increase for last year 2017-2018. I recommend that the CTC proposal of $70 plus one half of the health plan premium increase be adopted by the parties, but it be capped at $100 a month. This cap would be more in line with the continuation of the prior contract which set forth ten dollar ($10) increases on an annual basis to monthly premium payments. I recommend the following:

ARTICLE VII Compensation and Fringe Benefits

D. INSURANCE PROTECTION 1. Health Care Insurance During the term of the Agreement, the employer shall provide the ACSHIC Highmark Preferred-Provider Program to include prescription drug

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coverage. The Employer retains the right to review and by mutual agreement between the Forbes Road Joint Board and the Forbes Road Educational Association enroll members in an alternative program. The employer shall assume the full cost of the plan, less a premium payment of $70 a month plus fifty percent (50%) of future increases in the employer’s premium for the term of this agreement. The employees monthly premium payment shall not exceed $100 during the term of this agreement. Such coverage’s and premium payments shall continue on a twelve (12) month basis. There is no recommended changes to the remainder of this section (D), including no change to the monthly insurance waiver amounts. TEACHER AND STUDENT SAFETY The Association has proposed the addition of a section pertaining to Teacher and Student Safety. The current contract does not contain such a provision although 7 of the 9 sending school districts have language in their respective contracts addressing safe working conditions. I recommend the following:

ARTICLE VIII Leave Policy

H. TEACHER AND STUDENT SAFETY Employees shall not be required to work or perform tasks which are unsafe, hazardous, or which endanger health or safety. If in the judgment of the teacher, his/her personal and/or the safety of the students are in immediate jeopardy, he/she shall take whatever immediate action he/she deems appropriate. In all other situations the teacher shall refer the problem to his/her immediate superior. If no response has occurred within a reasonable time, the teacher may refer said problem to the Director and the Association for appropriate action. When buildings are closed because of emergencies, unsafe or hazardous conditions, Employees shall be paid in accordance with Section 1153 of the Public

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School Code (1949) as amended. Such Employees are subject to reassignment for the duration of the emergencies to other professional employee duties. With respect to any other provision of the contract not discussed herein, I recommend that such provisions continue with their current language, unless revisions have been agreed to by both sides during the course of negotiations. ____________/s/______________ Michael J. O’Connor, Esq. July 30, 2018 Fact Finder

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APPENDIX A

Salary Program 1. Salary Range Minimum Base Masters, Masters Masters +30 Equivalent & Voc II + 30 2017-18 $41,000 $41,700 $42,100 2018-19 $42,000 $42,700 $43,100 2019-20 $42,700 $43,400 $43,800 2020-21 $43,500 $44,200 $44,600 a. No change in terms from prior contract.

b. The salary increase of full-time professional employees during the life of this contract shall be:

2017-18 $1,500 2018-19 $1,800 2019-20 $2,100 2020-21 $2,200

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Supplementals:

Position 2017-18 2018-19 2019-20 2020-21

School nurse (2)

$1607.42 $1655.64 $1705.31 $1756.47

Cosmetology Supervisor

$1030 $1060.90 $1092.73 $1125.51

Skills USA Advisor (3)

$1285.93 $1324.51 $1364.25 $1405.18

Future Bus. Leaders of America Adv.

$1285.93 $1324.51 $1364.25 $1405.18

Future Farmers of America Adv.

$515.00 $530.45 $546.36 $562.75

Builders Assn of Metro. Pitts

$515.00 $530.45 $546.36 $562.75

Student Organizations Coordinator

$2143.22 $2207.52 $2273.75 $2341.96

There is no recommended change in terms following the supplemental salary table in the current contract.