Friday, September 26, 2014

Saucon Valley teachers urge state labor relations board to rescind complaint



The Saucon Valley Education Association is urging the state to throw out the school board's unfair labor practices complaint and cancel a scheduled hearing.

If the Pennsylvania Labor Relations Board doesn't cancel the Nov. 24 hearing, the association will subpoena the school board and its attorney, according to a letter from union attorney Andrew Muir.

The Saucon Valley School Board filed an unfair labor practices complaint against the teachers in June alleging they were bargaining in bad faith by asking for millions more than at the start of contract talks.


On Wednesday, Muir filed a response to the district's unfair labor claim urging the labor board to rescind the complaint and cancel the hearing.

"Both merely serve to prolong negotiations by delaying the inevitable return to negotiations," Muir wrote in a letter with the filing.

Board attorney Jeffrey Sultanik said he is puzzled why the union is responding so long after the board filed the order.

"We're confident the labor board will have to find the union's bargaining in bad faith because the union's current position is much higher than where the union started out in the collective bargaining process," Sultanik said.

Muir acknowledged it is unlikely for the labor board to rescind any complaint as its practice is to issue one if there's any question the law may have been violated.

But the association is asking them to do so: "in the interest of justice and an (sic) in the interest of preventing additional waste of tax payer money that must be spent to bank roll the school board's failed strategy to 'win at all costs' by initiating frivolous litigation and continuing its expensive negative public relations campaign," Muir wrote.

If the hearing isn't cancelled the association will be requesting subpoenas for all school board members, former Superintendent Sandra Fellin and Sultanik, Muir said.

"Each will be required to produce documents and to answer question about their activities and knowledge of the events that took place behind the scenes in fact finding and their conduct in negotiations," Muir wrote.

Sultanik is puzzled as to why Muir is focusing on fact-finding when the hearing is about the union's regressive negotiating tactics.

"It is just completely irrelevant," Sultanik said. "I don't understand what they are trying to prove."

Sultanik said he has already issued subpoenas to prepare for the upcoming hearing.

The school board filed the complaint because it claims the union is asking for millions of dollars more than earlier in negotiations.

The association denies this in its filing, arguing it is seeking $2.7 million less in payroll that it did in February of 2012 when it submitted its first proposal.

Sultanik called that argument a smoke screen. Payroll is lower because of retirements, he said.

"We don't negotiate payroll. We negotiate salaries," Sultanik said. "In terms of salary demands, they are millions of dollars higher than they were before."

The two sides have been negotiating since January 2012. The contract expired in June of that year.

If the school district is victorious in its unfair labor practice complaint, the teachers union will have to agree to a contract that fits within the school district's proposed contract budget, Sultanik has said.

A negotiation session is scheduled for Oct. 8. The board plans to bring forward a six-year contract proposal, which largely mirrors an independent fact-finder's recommendations for the first four years. The contract will try to increase starting teacher salaries.

Teacher went on strike in 2005, 2008 and 2009.

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