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Baldwin-Whitehall Officials Reject Teachers Union's Offer

Union claims that an opportunity to save $1.5 million was lost. Superintendent says that there's more to the story.

 

In what a news release from The Pennsylvania State Education Association (PSEA) called "a surprising move," the Baldwin-Whitehall School Board did not address a labor proposal from the Baldwin-Whitehall Education Association (teachers union) at a board meeting on Wednesday night.

The release claims that the proposal—an adjustment to the B-W School District's current work contract with its teachers—would have saved the district $1.5 million over the next five years.

"Not only do we have a governor who obviously does not value public education," PSEA spokesman Butch Santicola said in the release, "we apparently have a (B-W) Board of Education who doesn't get the big picture.

"The Baldwin-Whitehall School Board just thumbed their noses not only at their teachers, who offered a genuine and generous contribution to the district; they also thumbed their noses at the taxpaying residents of Baldwin-Whitehall and the students of the district."

In an email exchange, Santicola said that the $1.5 million represent a savings in salary concessions made by the teachers union.

But B-W Superintendent Dr. Randal A. Lutz said in an interview with the Baldwin-Whitehall Patch that the $1.5 million is a generous estimate. Lutz also said that it is "without merit" to say that the school board's members "thumbed their noses" at the district.

Lutz explained that the union offered to stretch its current contract out an additional two years from its expiration date—the end of the 2014-15 school year.

"The same amount of money that they would have gotten in six years they wanted to push out to eight years," he said, acknowledging that doing so would result in some savings.

As the PSEA's release explains, "Earlier (this) summer, the school district approached the Baldwin-Whitehall Education Association (BWEA) and asked its leadership to consider negotiating some cost-saving measures to assist the district in fending off a potential budget crisis in the near future.

"The current teachers contract with the Baldwin-Whitehall School District does not expire until June 30, 2015, so the teachers union had no obligation to negotiate or even discuss any cost-savings measures with the district. However, because the BWEA was concerned about the quality of education for their students, in light of the massive funding cuts Gov. (Tom) Corbett has engineered in public education, the union voluntarily agreed to negotiations with the district."

Lutz acknowledged the union's willingness to negotiate, but he said that, because of a number of unpredictable variables, "it's still not $1.5 million."

Lutz also said that the union's "demands for return of such investment" were too great for the school board to accept, such as a no-furlough clause for two school years, starting immediately.

"So, regardless of what would have happened with enrollment," Lutz said, "or if state funding would totally change—or even federal funding—we would have no ability to change any levels of staffing consistent with enrollment or consistent with unforeseen circumstances. And that was a concern."

He also said that extending the current life of the teachers contract, even at a bargain, was too risky.

"Pretty much any district locally, or even any advice from the state levels, are to really try to avoid long-term contracts," Lutz said. "The economic futures are too unpredictable. There's not a lot of clarity as to what's coming down the road.

"So, while the contract would lock in some costs and make those costs predictable, our revenues aren't predictable. That was a concern, especially for the fact there was a no-furlough clause."

He also said that the union's proposal does not adjust employees' benefits contributions.

As for why he feels that the union's $1.5-million-savings estimate is too great, Lutz said, "They're comparing the costs associated with what we already know (today) with what we don't know (in the future).

"In 2015, we get to enter into the negotiation process again, and in that negotiation process, basically, everything's on the table. So, they're comparing years that don't yet exist and saying that there's cost-savings on details that we don't yet know."

Lutz confirmed again that, should the district's enrollment and funding numbers remain the same as they are today, the union's proposal would save the district money in the long run. However, he said, accepting a no-furlough clause and a benefits-contribution freeze was deemed by the school board to be too risky.

"The board acted in what they believed was a very responsible manner," he said.

In general, Lutz seemed irritated with the union's press release, pointing out that district administrators and service employees both recently agreed to wage freezes without "strings attached" to their agreements—unlike the teachers.

"Did they (members of those groups) like it? Absolutely not," Lutz said. "But they did it."

Still, for a teachers union that believed that it was acting in the best interests of its students, accepting the board's inaction is a tough pill to swallow.

"Our priority as teachers is ensuring that our students receive the best education possible," BWEA President Rebecca Wolf said in the release. "Unfortunately, with the huge funding cuts Gov. Corbett has imposed on the Baldwin-Whitehall School District and other districts throughout Pennsylvania, our union and the district administration were both concerned about being able to maintain the level of excellence in public education Baldwin-Whitehall residents have come to expect from us.

"Our teachers were excited about making a financial investment for our students' future."

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Related Topics: Baldwin Borough, Baldwin High School, Baldwin Township, Baldwin-Whitehall School Board, J.E. Harrison Middle School, McAnnulty Elementary School, Randal A. Lutz, W.R. Paynter Elementary School, Whitehall Borough, and Whitehall Elementary School

Jean Smith

11:07 am on Sunday, September 9, 2012

Teachers pays need to be frozen and we need to get rid of all the bad apples that are not teaching our students. We already seen the results from the AYP and how well our school ratings have dropped again.

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Sandra

9:11 am on Monday, September 10, 2012

Kind of hard to get rid of the bad apples when the union doesn't allow it to happen.

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NE12Ukid

5:52 pm on Monday, September 10, 2012

I made a complaint to the editors about a post from cc and cc is still here.
cc, you don't seem to know what tenure is. Try googling PA tenure law and read carefully.

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cc

6:38 pm on Monday, September 10, 2012

NE12Ukid, just go away then if you don't like what I say, and you have no room to talk either with your arrogance.

Margaret French

10:16 am on Monday, September 10, 2012

Maybe it is the teachers that should be taking a test!

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cc

5:48 pm on Monday, September 10, 2012

I agree they need tested, they got some horrible teachers at the high school.

Billee

1:09 pm on Monday, September 10, 2012

Thank you to our teachers for wanting to make what you see as a financial investment for the future of our children.

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Common Sense

10:09 pm on Wednesday, September 12, 2012

Billee, this was a good jesture on the part of the teachers. I think Dr. Lutz and the school board was looking for more of a compromise like other schools such as USC got where teachers froze their salaries for one year but moved steps saving the district well more than 1.5 million dollars. Another idea to save some money would be to offer an early retirement incentive. This would get the higher salaries off the payroll and would have to save the district some money.

Billee

1:16 pm on Monday, September 10, 2012

Well I'm strengthened to see I'm not the only sub group of the big picture that receives a RED FLAG for acting in a responsible manner and telling someone what they don't want to hear!

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Billee

1:46 pm on Monday, September 10, 2012

I think I know the difference between negotiation strategies and intimidation tactics. When one uses intimidation tactics instead of negotiation strategies - No response is the best response. It's called withhold to uphold! Have a nice day or not the choice is yours.. an echo of unity at Whitehall Elementary.
Put the false idea of perfection to rest! Good example is BEST! Besides I would rather have an HONEST thumbed nose response than an only what you want to hear brown nose one.

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Billee

1:56 pm on Monday, September 10, 2012

The proper proactive response was given and the proper entitlements will be equally served at the negotiation table in 2015.

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Billee

2:01 pm on Monday, September 10, 2012

Before I forget... can anyone tell me what a union buddy is?

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cc

6:42 pm on Monday, September 10, 2012

NE12Ukid - I know what the defination of Tenure is but looked it up just for you so that you can get an education on what teahcers tenure isl.

Tenure in Pennsylvania

In Pennsylvania, after 3 years, public school teachers receive what's commonly called "tenure," a special employment protection that teachers unions defend. As the below federal statistics indicate, tenured teachers (as opposed to less-senior "probationary" teachers) are practically impossible to fire.

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NE12Ukid

11:42 pm on Wednesday, September 26, 2012

HAHA, no wonder sisi won't tell where her info came from, who wants the bias of those admittedly antiunion websites.
FACTS Tenure is about DUE PROCESS
With tenure in, professional employees may be removed from their teaching positions if two conditions prevail:
A teacher may be dismissed for committing one of the 11 sins of the School Code. 2 are directly related to teaching competency; 9 are related to conduct, which may be considered as unprofessional behavior on the part of a teacher.
A teacher charged with violation of the School Code must be provided due process prior to termination. A hearing is held before the local school board, which sits as a jury. The teacher must be provided with the list of charges against him/her and be given an opportunity to be heard by the board.
The burden is on the school district to prove that grounds exist for termination or for other forms of discipline. The teacher may be represented by legal counsel. After the hearing the board meets privately to decide the fate of the faculty member. The decision is announced in a public session.
A professional employee dismissed in this manner is said to have been dismissed for just cause. Since the advent of collective bargaining in the 1970 passage of Act 195, almost every teacher union contract in Pennsylvania contains language that requires proof of just cause as the basis for disciplinary action, including dismissal, for faculty members. http://readingeagle.com/article.aspx?id=227703

chessie5

9:39 pm on Wednesday, September 26, 2012

to cc: teacher tenure does take place after 3 year. but did you know that a teacher cannot get tenure if they receive an unsatisfactory rating. they need 3 years of satisfactory ratings from their supervisors aka administration and school board. when it comes to teacher pay realize schools stopped contributing to the pension system and were told that at this time frame their dues would be significantly higher. when the stock market crashed most money was lost whether it was invested wisely or not. when you look at why test scores keep dropping look at the countries who are doing better in education. they VALUE it more. we do everything opposite of their successful models.

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cc

11:16 pm on Wednesday, September 26, 2012

chessie5 complaints against teachers go in one ear and out the other at Baldwin even when parents file a complaint with the administration on teachers they have but don't have tenure. Baldwin doesn't care about our students education, they would rather make the high school beautiful, landscape hillsides, and waste 20,000 on a video.

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NE12Ukid

11:44 pm on Wednesday, September 26, 2012

WOW, what a breath of fresh air! Thanks for joining in chessie5 (are you named for the RR cat?) Nice to see some FACTS presented.

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NE12Ukid

11:58 pm on Wednesday, September 26, 2012

Adding, the three years chessie mentions is correct, and that equates to SIX evaluations and must be in the same district.

Jon Wain

9:46 pm on Wednesday, September 26, 2012

chessie5 you out class alot of on here with your bold statement about the other countries and their education commitments. your comment will get backlash from the uneducated but still I love your stand and will gladley back you

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cc

11:20 pm on Wednesday, September 26, 2012

Jon, I brought up education in other countries and how they outshine our education system but ne12ukid said it wasn't so, then again if the sky was blue, he would argue with you that it was pink.

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NE12Ukid

11:44 pm on Wednesday, September 26, 2012

right again, Jon, you score more than the Steelers this week!

NE12Ukid

11:55 pm on Wednesday, September 26, 2012

Due process clause of the 14th Amendment

The due process clause of the 14th Amendment to the US Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...." PA Constitution gives plenary power over education to the General Assembly, which has created other bodies with which it has shared its power concerning education. Both the PA State Board of Education and local school districts were created by the General Assembly. Therefore, school board members/school administrators act under the color of state law so whenever a liberty or property interest of a teacher is involved, the teacher MUST be given the basic due process rights guaranteed by the U.S. Constitution.
Generally speaking, a teacher has a liberty right to a good reputation so any action that would stigmatize a teacher interferes with this liberty interest. The property right of a teacher concerns the expectation of employment so any action that would alter this expectation would interfere with this property interest. For example, if a teacher were to be dismissed both a liberty interest in terms of reputation and a property interest in terms of employment would be involved.
The state CAN dismiss a teacher, but since both liberty and property interests are involved, the U.S. Constitution requires that the teacher be given DUE PROCESS before being dismissed. The type of process determined by state law.
PA Public School Code

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cc

1:29 pm on Thursday, September 27, 2012

The US Constitution: 14th Amendment says "Passed by Congress June 13, 1866. Ratified July 9, 1868.

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Continue

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cc

1:30 pm on Thursday, September 27, 2012

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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NE12Ukid

2:34 pm on Thursday, September 27, 2012

RE: The due process clause of the 14th Amendment to the US Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...."
Is there some reason you felt compelled to copy the entire thing here si' si'?

cc

1:41 pm on Thursday, September 27, 2012

Should Teachers Have Tenure?
Tenure gives teachers job security. But critics say tenure makes it hard to get rid of under-performing teachers. Is it the best way to attract talent to the profession, or something that prevents principals from giving kids their best chance at success?

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NE12Ukid

2:35 pm on Thursday, September 27, 2012

PA Tenure Law gives teachers in PUBLIC schools due process protections.

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