Fact Finding Report 11-5-09

8/14/2019 Fact Finding Report 11-5-09

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Fact Finding Report

Northwestern Lehigh School BoardNovember 5, 2009


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TABLE OF CONTENTS

Summary Introductory Letter for Fact Finding ......................................................... ....................................... Page 2

School Board Report for Fact Finding ............................................................................................................. Page 4

Response of Northwestern Lehigh Education Association List of Open Issues from the Association........... Page 78

Appendices ........................................................................................... .......................................................... Page 81


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SUMMARY INTRODUCTORY LETTER FOR FACT FINDING

The Board of School Directors of the Northwestern Lehigh School District wishes to thank the Associationfor their work with the students in the Northwestern Lehigh School District. The Board recognizes theAssociations desire to seek additional compensation and benefits for the membership.

As a Board we take great pride in our students and employees as well as the many positive accomplishmentsof the District. We value the hard work of all our employees and are acutely aware of the many challengesfacing our District and public education in general.

The Board believes this economic recession combined with the lack of commercial growth and now lack ofresidential growth in the District will make it very difficult for the District to keep pace with the countyaverage for all employee salaries now and in the future. The Board expects the District will probablycontinue to have lower employee salaries than many of the other districts in Lehigh County that have muchstronger commercial property tax bases.

The following are some very specific concerns the Board is currently managing that have an impact onincreased compensation packages for employees:

Current economic recession is creating the following impact:

Reduced growth in real estate value Sharp reductions of new properties in the District (Township Zoning Offices) Increased number of property assessment appeals the District has lost which decrease property tax income Financial hardship for community members making tax increases very challenging for residents:

o Unemployment rate in Lehigh County is 9.2%, the highest in over 10 years (US Bureau ofLabor & Statistics as of June 2009)

o Less growth in EIT than expected and budgeted in 08/09. Expecting a base decrease in 09/10as a result of unemployment and pay cuts (data from EIT office)

o Freezes/reductions in pay rateso Increases in employee contributions towards health coverageo Losses in 401(k) and other retirement plan investments and overall decline in interest earningso Increased costs of products as a result of the poor economyo The Congressional Budget Office predicts that there will be no COLA for Social Security

retirement benefits until 2012 and then only a modest one. Our communitys retirees onSocial Security will not be receiving an increase to offset increasing costs.

Act 1 Limitations

Board restricted by law in ability to increase property taxes Limitation set by two economic factors ECI/SAWW and Districts MV/PI aid ratio Expect the ECI/SAWW to reflect the economic recession for the next two (2) years, possibly limiting the

Board to annual millage increases of 1.5 mills or less

Status of protected property in the DistrictThere are 4,092 preferentially taxed parcels in Lehigh County as a result of Acts 319 and 515 and 2,046 or50% of them are in Northwestern Lehigh. The taxable assessed value for these properties is approximately38.5% of the total assessed value. The District receives no real estate tax revenues for the remaining 61.5%of assessed value which is equivalent to approximately $96 million. Additionally, the District receives nosubsidies to offset this loss in real estate taxes.


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Cost Increases:

Significant projected cost increases in retirement contributions associated with PSERS Fund losses Electric deregulation driving out 20%-30% cost increases in PPL electric bill, undetermined increases for

MetEd

Cost increases for health care benefits of 11% for medical and 6% for dental in 09/10, with projectedincreases for 10/11 is 20% for medical and prescription and 5% for dental

Increased costs for workers compensation Spike in fuel costs in 08/09, and 09/10 costs will fluctuate with the market CLIU Special Education cost increases of $226,190 LCTI cost increases due to increased enrollment of $71,883 LCCC cost increases of $10,118 Debt service payments as a result of needed construction - $307,654 Cyber/Charter School increases due to increased enrollments of $111,162

It is our hope to reach an agreement with the Northwestern Lehigh Education Association as soon as possibleand we hope the Association can recognize the extreme nature of the financial challenges the School Boardand District are facing at this time.

Thank you.


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SCHOOL BOARD REPORT FOR FACT FINDINGANALYSIS AND RATIONALE OF BOARD ISSUES

Article I. RECOGNITION

Board Position: No modification

I. RECOGNITION

The Northwestern Lehigh Education Association (NWLEA), (the Association), is hereby recognized by theNorthwestern Lehigh School Board (the Board) as the bargaining agent for the Districts professionalemployees or members comprised of librarians, nurses, guidance counselors, and classroom teachers, beingthose employees properly included in a bargaining unit as defined in the Pennsylvania Public EmployeesBargaining Law (Act 195), as amended from time to time, providing for collective bargaining for publicemployees.

Both parties agree that this Agreement shall set forth the terms and conditions to which each party agrees to bebound, and that this Agreement has been reached voluntarily without undue or unlawful coercion or force byeither party.

Board Rationale:

No changes to content of current agreement.

Edit reflects accurate abbreviation of the Northwestern Lehigh Education Association as NWLEA.

Tentative agreement with Association on 4/16/09 to change all various words used to refer to members of the CBA asmember throughout the CBA to establish continuity and clarity in the CBA.


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Article II TERMS OF AGREEMENT

Board Position: Modify as follows

II. TERMS OF AGREEMENT

The term of this Agreement shall begin on July 1, 2009, and shall continue in full force and effect until June30, 2011, or until such later date as the parties may hereinafter agree is to be the extended date. Any such

extended date shall be evidenced by an amendment to this Agreement, to which amendment both parties shallsignify their approval by executing the same amendment.

Board Rationale:

The Board recommends a two (2)-year agreement in light of the volatile economic conditions given the currentrecession combined with the following factors:

Major uncertainty in rising costs for PSERS from 2009-2010 to 2010-2011 will be a 76% increase in thepercentage contribution

Major uncertainty in rising costs for Highmark Blue Shield from 2009-2010 to 2010-2011 will be a a20%increase in the premium for health and prescription and a 10-12% projected increase for 2011-2012

Major uncertainty of potential changes in health insurances at the State and Federal levels Major uncertainty in rising costs due to electric deregulation Uncertainty surrounding rising cost trends for special education services Instability in Districts local revenue sources of:

o Real estate assessed valueso Real estate transfer taxeso Earned income taxeso Interest income

The current economy and State Budget development has also led the Board to believe that State and Federalrevenues cannot be relied on as stable sources of revenue to finance on-going expenditures.

See Appendices R-1 through R-6 and E-1 through E-5


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Article III. NO STRIKE - NO LOCK-OUT PROVISION


III. NO STRIKE - NO LOCK-OUT PROVISION

Both parties agree to faithfully abide by the provisions of Act 195. As a condition of the various provisions othis Agreement to which the parties have agreed, the Association pledges that members shall not engage in astrike (as that term is defined in Act 195) during the term of this Agreement, and the District pledges that it wilnot conduct, or cause to be conducted, a lock-out during the term of this Agreement.

Board Rationale:

No changes to the current agreement


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Article IV. NONDISCRIMINATION CLAUSE


IV. NONDISCRIMINATION CLAUSE

The School District and the Association agree that they will not discriminate against any member on the basiof race, creed, color, national origin, sex, age, marital status, religious beliefs, political activities, qualifiedhandicaps or participation in the affairs of the Association for the term of this Agreement. This clause is nosubject to the grievance/arbitration section of this contract.

Board Rationale:



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Article V. EFFECTIVE DATE AND SIGNATURE


V. EFFECTIVE DATE AND SIGNATURE

This Agreement is made and entered into this by and between the Northwestern Lehigh Education Associationand the Northwestern Lehigh School Board.

NORTHWESTERN LEHIGH SCHOOL BOARD

By: ______________________________________Presiden

NORTHWESTERN LEHIGH EDUCATION ASSOCIATION

By: _______________________________________Presiden

Board Rationale:

No change in language. Date change will occur once new CBA is agreed upon.


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Article VI. GRIEVANCE PROCEDURE

Section A2


VI. GRIEVANCE PROCEDURE

A. DEFINITIONS:

1. A grievance as used in this Agreement shall mean a complaint by a Bargaining Unit Member or agroup of Bargaining Unit Members that are represented by the Association or the Association itselfwhen there has been to him/her, or them, a violation of any of the provisions of the Agreementbetween the Employer, and a Bargaining Unit Member of the Association.

2. An aggrieved person as used in this Agreement is a Bargaining Unit member or members alleginga misinterpretation or misapplication of the provisions of this collective bargaining agreement withassociation representation.

Board Rationale:

Change in language to correct typographical error. Aggrieved does not need to be capitalized.


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Section A3


3. The term days when used by members in this article shall, except where otherwise indicated,mean working school days; thus, personal days, holiday and weekend days are excluded. The termdays when used by Principals/Supervisors or Administrators is defined as working school days;thus, personal days, holiday, weekend or vacation days are excluded.

4. Representative as that term is used in this Agreement shall mean only a duly authorized memberof the Association.

Board Rationale:

Additional language to clarify the actual days that will be counted when utilizing the grievance procedure.


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Section B1


B. GENERAL PROCEDURES

1. The parties agree to an orderly and expeditious resolution to a grievance arising from theapplication and interpretation of the terms and conditions of this Agreement. A five (5) stepprocess for the disposition of a grievance is outlined below.

Board Rationale:

These edits serve the purpose to clarify the grievance procedure.


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Section B2


2. In the event a grievance is filed on or after June 1, the parties agree to make a good faith effort to

reduce the time limit set forth herein so that the grievance procedure may be fully utilized prior tothe end of the school term or as soon thereafter as is practicable before the last member workday ofthe school year. The reduced time frames must be mutually agreeable to both parties.

Board Rationale:

These edits serve the purpose to clarify the grievance procedure.


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Section B3


3. In the event a grievance is filed so that the five (5) step process cannot be completed before the

last member work day of the school year, should it be necessary to pursue the grievance to alllevels of the appeals, then said grievance shall be resolved in the new school year, beginning withthe first member work day under the terms of this Agreement and this article, and not under anysucceeding Agreement.

Board Rationale:

Change in language to add identifiable number steps to the existing grievance procedure.

Clarification of start of school to reflect the start is not always in September.


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Section B4


4. The Employer agrees to recognize a duly elected and certified Grievance Committee. The

Committee consists of one (1) representative from each building of the School District. Annualnotification of the four (4) Committee members with identification of the chairperson, will bepresented to the Superintendent by September 15 of each school year.

Board Rationale:

Change in language to clarify and identify grievance committee members at each school building on an annual basis.This language parallels the same date structure in which the District requests notification of NWLEA AssociationOfficers and Council Members.

Change from use of word employer to District for clarification.

September 15 date was mutually agreed upon in a phone conversation with Mark Lynn, PSEA Uniserve Representativeand Susanne Meixsell, Superintendent on November 2, 2009


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Section C1


C. STEPS:

1. Step 1:The aggrieved Bargaining Unit Member, with his/her representative, will first documenttheir grievance on the required Step 1 form and discuss his/her grievance concern with his/herappropriate Principal/Supervisor or Administrator within ten (10) days of its occurrence withthe objective of resolving the matter informally. The meeting to discuss the grievance concernmust be held within five (5) days of filing the grievance. The Principal/Supervisor orAdministrator will investigate the issue and attempt to resolve the grievance within five (5)days of the meeting.

No grievance shall be considered or go forward unless it follows the appropriate steps and isfiled in a timely manner.

Board Rationale:

To add identifiable steps to the grievance procedure.

Supervisor can be an individual other than a Principal.

To establish reasonable time frames for each step of the grievance procedures.

Edits to language are meant to clarify the process.


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Section C2


2. Step 2:If Step 1 fails to resolve the grievance to the members satisfaction, the member shall move

the grievance to Step 2 within ten (10) days following the receipt of the Prinicpal/Supervisor orAdministrators response. The formal grievance on the Step 2 form must be submitted to theDirector of Human Resources for formal processing of the grievance; including date stamp anddelivery of the grievance form to the Principal/Supervisor or Administrator. The Director ofHuman Resources will be responsible for informing all parties of the time frame requirementsassociated with processing the grievance.

The Principal/Supervisor or Administrator shall reply with a written response on the standardgrievance form within ten (10) days following receipt of the written grievance.

Board Rationale:

The Director of Human Resources will facilitate the grievance according to the CBA.


To add identifiable steps to the grievance procedure.

To establish reasonable time frames for each step of the grievance procedure.


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Section C3


3. Step 3:

If Step 2 fails to resolve the grievance to the members satisfaction, the member must submit aformal written grievance appeal of the decision on the Step 3 form to the Superintendent withinten (10) days following the receipt of the Principal/Supervisor or Administrators writtenresponse. The appeal shall include a copy of all documents dealing with said grievance, thegrievance form, and the grounds for regarding the decision as incorrect. The formal writtengrievance appeal must be submitted to the Director of Human Resources for formal processingof the grievance; including date stamp and delivery of the grievance form to theSuperintendent. The Director of Human Resources will be responsible for informing all partiesof the time frame requirements associated with processing the grievance.

The Superintendent or designee shall hear the formal written grievance within fifteen (15)days following the receipt of the formal grievance. Written notice of the time and place of theappeal hearing shall be given at least five (5) school days prior to the hearing to the aggrievedBargaining Unit Member and the Association. An official of the Association will be present atthe hearing.

Within ten (10) school days of hearing the appeal, the Superintendent or designee shallcommunicate to the aggrieved Bargaining Unit Member and the Association his/her writtendecision with supporting reasons.

Initiation of Group Grievance: When the Association or Bargaining Unit Members in one ormore schools have a grievance affecting the Association as a whole, the chairperson of the

Grievance Committee of the Association and in the name of the Association may initiate agroup grievance by proceeding immediately to Step 3 with the grievance being addressed tothe Superintendent within ten (10) days of its occurrence. The formal grievance form must besubmitted to the Director of Human Resources for formal processing of the grievance;including date stamp and delivery of the grievance form to the Superintendent. The Director ofHuman Resources will be responsible for informing all parties of the time frame requirementsassociated with processing the grievance.

Board Rationale:


To add identifiable steps the to grievance procedure.



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Section C4


4. Step 4:

If Step 3 fails to resolve the grievance to the members satisfaction, the member must addressa formal, written appeal of the Step 3 decision to the Northwestern Lehigh School Board ofDirectors President, Secretary and the Superintendent on the Step 4 form within ten (10)days.. The formal grievance form must be submitted to the Director of Human Resources forformal processing of the grievance; including date stamp and delivery of the grievance form tothe School Board and the Superintendent. The Director of Human Resources will beresponsible for informing all parties of the time frame requirements associated with processingthe grievance.

The Board of School Directors, at its next regularly scheduled Board meeting shall hold ahearing on the grievance in executive session. The Board shall respond, in writing, within ten(10) days after its Board Meeting Hearing.

Board Rationale:


To add identifiable steps the to grievance procedure.



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Section C5a


5. Step 5:

a. If Step 4 fails to resolve the grievance to thesatisfaction of the affected party or parties, the Association may make a written request forbinding arbitration on the Step 5 form as provided in Section 903 of Act 195 to the Bureau ofMediation. If the grievance fails to meet the criteria of Section 903 of Act 195, the decision ofStep 4 shall be final. The proceedings shall be initiated by filing with the President and theSecretary of the Board a notice of arbitration. The notice shall be filed within 30 (thirty) daysafter receipt of the decision of the Employer under the Grievance Procedure.

Board Rationale:

To clarify the steps of the grievance procedure.


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Section C5b

Board Position: No Modification

b. The following procedure shall be used to secure the services of an arbitrator:

(1) A joint request by the parties shall be made to the Bureau of Mediation to submit a list ofpersons qualified to function as an impartial arbitrator in the dispute in question.

(2) The arbitrator shall limit himself/herself to the interpretation of the agreement and shall notadd to nor subtract anything from the agreement between the parties. The decision of thearbitrator shall be final and binding.

(3) The costs for the services of the arbitrator, including per diem expenses, if any, and actualand necessary travel and subsistence expenses, and the cost of the hearing room other than aDistrict facility shall be borne equally by the District and the Association.

Board Rationale:



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Section D


D. Failure of the member to proceed to the next step of the grievance procedure within the time limits set

forth shall be deemed to be acceptance of the decision previously rendered and shall constitute a waiverof any future appeal concerning the particular grievance. Failure of a Principal/Supervisor orAdministrator at any step to communicate his/her response to the member within the specified timelimits shall result in the grievance proceeding to the next step. All time limitations shall be measuredin District business days rather than school days beyond the end of the school year.

Board Rationale:



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Section C3


E. Professional legal counsel costs, if any, will be borne by the party incurring such costs.

Board Rationale:



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Section F


F. Nothing herein is to preclude a member or the Association from withdrawing the grievance without

prejudice at any step of this grievance procedure. If at any step before a decision is rendered themember desires to withdraw the grievance, the Association shall submit a written withdrawal request tothe person or body processing that step of the grievance. No further action or response will then berequired to that grievance.

Board Rationale:



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Section G


G. The District shall provide the forms necessary to administer this grievance procedure.

Board Rationale:



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Article VII. ASSOCIATION RIGHTS

Section A


A. DUES DEDUCTIONS

1. The District shall deduct from the salary of the members membership dues of the Association ofPSEA or NEA, and transmit the deductions to the Association, provided the Districts BusinessAdministrator has been presented with cards signed by the individual members authorizing suchdeductions together with a list of all such consenting members.

2. The dues deducted in accordance with this Section shall be transmitted to the Association on amonthly basis.

3. The Association shall indemnify, defend, and hold the District harmless against any and all claimsdemands, suits, or other forms of liability that shall arise out of or by reason of action by theDistrict in the reliance upon the payroll deduction authorization cards submitted by the Association

to the District.

4. All payroll deductions authorization cards shall be collected and approved by the Associationwhich shall submit the same to the Districts Business Administrator.

5. Payroll deduction authorization cards shall be printed at the expense of the Association andpresented to the Districts Business Administrator a minimum of seven (7) school days prior to thefirst regularly scheduled pay in October to qualify for payroll deductions during the school year.

Second semester members may qualify for payroll deductions in the second semester by using thesame procedure above for filing authorization cards and presenting the same a minimum of seven(7) school days prior to the first regularly scheduled pay in March.

6. All members within the bargaining unit covered by this Agreement who are members of theAssociation at the time this Agreement is ratified or who, after becoming members thereof duringany year of the term of this Agreement, must retain their membership in the Association for thebalance of that year, provided that any such member(s) may resign from the Association during aperiod of fifteen (15) school days prior to the expiration of this Agreement. It is the Associationsresponsibility to collect dues for those members who do not or will not sign payroll deductionauthorization cards.

Board Rationale:

Clarification in use of term Business Administrator to develop specific administrative accountability mechanism toinsure cards are received to support accurate deductions of dues from payroll checks.



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Article VII. ASSOCIATION RIGHTS

Section B


B. NWLEA LEAVE

The District agrees to recognize the duly elected Officers of the Association and members of theAssociations Representative Council. Annual notification of the Officers and Council members will bepresented to the Superintendent by September 15 of each school year. The identified individuals shallbe granted leave with pay to attend official functions of the PSEA or the NWLEA not to exceed a totalnumber of nine (9) school work days in each year of this agreement. No member as defined abovemay use more than one-half of the allotted days, and no more than three (3) members may have leaveon the same day without permission of the Superintendent. The Association shall be responsible forexpenses incurred by its representative. The Association shall pay for the substitute required for allleaves for official functions of PSEA, NWLEA, and NEA.

Board Rationale:

Clarification of language and identification of deadline for this information to be shared with the DistrictSuperintendent in order to insure appropriate communication structure with the current Association Officers andCouncil Members.


Change of August 15 to September 15 per tentative agreement with Association of 4/16/09.


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ArticleVII. ASSOCIATION RIGHTSSection C


C. FAIR SHARE

1. Any member covered by this Agreement who is a member of the Association, or who joins theAssociation during the term of this Agreement, shall remain a member of the Association for theduration of this Agreement, provided that any such member may resign from the Associationduring a period of fifteen (15) days prior to the expiration of this Agreement.

2. Any member covered by this Agreement who is not a member of the Association shall be requiredto pay to the Association an amount equal to the fair share fee as defined in Act 84 of 1988. It isunderstood that the Districts function for fair share collection shall be entirely ministerial.

3. Notwithstanding the provisions of Sections 1 and 2 above, any member covered by this Agreemenwho is a member of and adheres to the established and traditional tenets or teachings of a bona fidereligious body or sect which has historically held conscientious objections to joining or financially

supporting labor organizations shall not be required to join or financially support the union;provided however, that each such member shall be required to pay, in lieu of a fair share fee to theunion, a sum equal to the fair share fee to any of the following non-religious charitableorganizations which are exempt from taxation under Section 501(c)(3) of the Internal RevenueCode:

The following six (6) charities were agreed upon:(a) Community Fire Companies(b) Ambulance Corps(c) United Way(d) Northwestern Lehigh Scholarship Fund-General Account(e) American Cancer Society

(f) Northwestern Lehigh Educational Foundation4. In the event of any dispute whatsoever over the provisions of this Article or the compliance by any

person or party with the requirements of this Article, the dispute shall be resolved in accordancewith the applicable provisions of Act 84 of 1988.

5. The Association shall indemnify and hold the District harmless from all claims, suits, judgmentsincluding legal fees, costs, and expenses or from other forms of liability resulting from theDistricts compliance with this Article. The Association and the District agree to comply with allrequirements of law relevant to agency shop/fair share. Copies of all reports or documents filedwith the Secretary of Labor and Industry pursuant to agency shop law shall simultaneously begiven to the Secretary of the Board of School Directors.

6. In the event that any part of this provision is contrary to the provisions of law, then only that part ofthis provision shall be stricken from this Agreement and in all other aspects this Agreement shallbe valid and continue in full force, effect, and operation.


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Board Rationale:


The addition of the Northwestern Lehigh Educational Foundation reflects a mutual desire on the part of the District andAssociation to include the NWLEF in the list of agreed upon charities.


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Article VIII. CONDITIONS OF EMPLOYMENT

Section A & B


A. JUST CAUSE

The District agrees that no member of the Association shall be disciplined, discharged, or given awritten reprimand without just cause.

B. WAIVERS

The parties agree that all negotiable items have been discussed during the negotiations leading to thisAgreement, and that no additional negotiations of this Agreement will be conducted on any item,whether contained herein or not, during the life of this Agreement.

Board Rationale:

No change to content of current agreement.


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Section C


C. SCHOOL YEAR

The length of the school year for returning10-month members shall not exceed one hundred ninety one(191) contract days. There shall be a minimum of eleven (11) in-service days for staff development,curriculum development, and/or special projects as approved by the Administration included within the191 contract days.

New members hired for or during each school year will be scheduled five (5) additional days with alldays to be completed prior to the first staff day of the next school year. New members will bereturned to the regular teacher schedule following their first year.

Board Rationale:

Current practice has been in place for over nine (9) years that members participate in eleven (11) in-service days forstaff development, curriculum development, and /or special projects approved by the administration. These are theeleven (11) days that denote the difference between 180 student days and the current 191 working days in the CBA.

This clarification does not imply a change in the number of current work or in-service days, but simply accuratelyreflects current practice.


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Section D


D. SCHOOL DAY

The work day shall be seven (7) hours and thirty (30) minutes, including a thirty (30) minute duty-freelunch period.

Board Rationale:

Clarification of language to define official work time of all CBA members.


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Section E


E. MEMBER PREPARATION TIME

Each member employed in the Northwestern Lehigh School District shall be entitled to two hundred(200) minutes of unscheduled member/pupil time per week.

Board Rationale:



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Section F


F. MEMBER MEETINGS

To facilitate a well rounded in-service program, to continue formal as well as self-evaluation yearly,and to have all members available for District meetings and engagements, the following course will befollowed:

1. During the 2009-2010, 2010-2011 school years there shall be a minimum of eleven (11) full daysof in-service to include two (2) orientation days prior to the start of the student school year (whichmay include teacher preparation, faculty meetings, principal goal sharing, staff development,student orientations and/or Association activities), and one (1) record day after the close of thestudent school year. The remaining eight (8) days shall be scheduled during the school year andwill include staff development activities and may include grade, department, building and Districtcurriculum development activities. The in-service days shall be planned in collaboration with the

Districts Professional Development Council with the Administration having the final decisionmaking authority for the content of the in-service days.

2. All members will be required to attend a maximum of ten (10) after-school faculty meetings peryear, with no single meeting exceeding one hour in length. As part of the professional position,members of the bargaining unit will be required to attend two (2) evening educational activities asdesignated by the School Administration.

Board Rationale:

Tentative agreement with Association on 4/16/09 to change all various words used to refer to members of the CBA as

member throughout the CBA to establish continuity and clarity in the CBA.

The edit of the school year dates reflect the Boards offer of a two-year agreement.

The edits to the in-service day language reflect the current practice of eleven (11) in-service days. The District wishesto organize these days to minimally have two (2) orientation days prior to the start of the student school year, one (1)record day at the close of the student school year and the remaining eight (8) in-service days scheduled during thecourse of the school year.

The District is committed to planning in-service training in collaboration with the Districts Professional DevelopmentCouncil which is comprised of members of the CBA per the Staff Development Plan through PDEs requirements ofStrategic Planning.


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Section G


G. LUMP SUM PAYMENT

All members (excluding long term substitutes) will be required to complete a lump sum request formprior to the first day of employment. This form indicates the members election to receive either the 12-month payment option or the 12-month payment option with lump sum payment in June. The electionis irrevocable for the identified school year and will remain in effect until the member changes theirelection prior to the beginning of the following school year. The District shall distribute such checksto each member on the last pay date of June, dated for that pay date.

Board Rationale:

Edits to this language reflect the Districts required adherence to new IRS regulations 409A regarding constructivereceipt effective for the 2008-2009 school year and beyond.


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Section H


H. SALARY AND BENEFIT DAY RECORDS

At the beginning of each school year, a record will be given to each returning member that stateshis/her salary for that school year, the number of unused sick days accumulated, including the newlyposted days and the number of personal days accumulated including the newly posted days. Memberson leave will receive the record when returning to active employment.

Board Rationale:


This language clarifies the Districts current practice.


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Section I1


I. PROFESSIONAL DEVELOPMENT

1. For the purposes of curriculum development, extra overtime hours (not within contractual time)may be made available to members at an hourly rate of$27.50 for 2009-10 and $27.50 for 2010-11.

Board Rationale:


The compensation continues at the current rate.

Edit submitted for grammatical reasons


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Section I2


2. Absence with pay may be granted to members for the purpose of enrichment of the member inperforming duties which may be beneficial to, or in the service of, the District. Upon applicationand approval of the Superintendent, the District shall provide reimbursement for expenses (mealsand lodging based on the current District Standard Daily Rate Allowance) incurred while attendingsuch programs. Professional absence programs are defined as those educational workshops,conferences, and meetings that are within the scope of the members field of certification andassignment. Travel to such programs involving the use of an members personal automobile shallbe reimbursed at the current allowable rate established by the IRS. This mileage rate shall applywhen other means of transportation are used as well unless the other means of transportation is lessexpensive. In that case, the District shall reimburse the lesser amount.

Board Rationale:



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Section J


J. PARTICIPATION IN DISTRICT NEGOTIATIONS, HEARINGS, LEGAL MEETINGS

Whenever any member is required by the School Board or Superintendent to participate duringworking hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer noloss of pay. Whenever any member is a necessary witness in any unfair labor practice proceedingsbefore the Pennsylvania Labor Relations Board associated with the District and initiated by themember, he/she shall suffer no loss in pay for working time missed due to testifying in and traveling toand from said proceedings on the day or days in which the teacher is required to testify.

Board Rationale:




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Section K


K FRACTIONAL OR PERCENTAGE CONTRACTS

1. Fractional or percentage contracts will be established based on program, student and District needsFractional or percentage contracts equal to or greater than 50% will receive limited benefits and thevalue of the benefits will be a pro-rated based on the fractional or percentage value of theircontract. The prorated benefits are limited to sick days, personal days, salary, medical benefits,vision, life insurance, and long term disability only.

2. Members with a fractional or percentage contract will be required to attend 11 in-service days. Thefollowing guidelines will be used when establishing fractional or percentage contracts:

Working 5 days a week:Salary on Schedule x % of contract = salary/year

7.5 hrs x % of contract = work hours/day must work 191 days snow make-up days determined by District calendar must attend all District days* must attend all Building days*

*Must complete a timesheet to receive additional compensation for working a full day insteadof a fractional or percentage day.

Working less than 5 days a week:Salary on Schedule x % of contract = salary/year180 student days x % of contract = student work days + 11 in-service days

number of student days determined by % of contract snow make-up days are variable and based on District calendar must attend all District days** must attend all Building days**

**Must complete a time sheet to receive additional compensation for attendance at in-servicedays.

Board Rationale:

The Board proposes this language to clarify and provide the specific determination of how fractional or percentagecontracts receive compensation, outline work schedules, and participate in in-service days.

1.) This language reflects the Districts desire to continue to provide benefits to members working equal to or greater

than 50% but less than 100%. Identified changes indicate that the District will prorate benefits for sick days, personaldays, salary, medical benefits, vision, life insurance and long-term disability consistent with the contract percentage.

2.) This language reflects the current practice not previously in writing. This language provides clarity and allows forconsistency in application.


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Article IX. FRINGE BENEFITS

Section A


A. MEDICAL INSURANCE

During the term of this Agreement, the District shall make available to full-time members and part-timemembers with contracts of 50% or greater, the then current Lehigh County health insurance consortiummedical insurances options defined below with corresponding coverages, deductibles, co-pays andmember contributions for the selected plan. The District medical insurances are provided as a packageand members electing medical insurance are enrolled to receive health, prescription and dentalcoverages. The Association understands and agrees that any and all changes unilaterally implementedby the medical insurance carrier, prescription drug carrier, and/or dental insurance carrier will beaccepted immediately and incorporated into the current Collective Bargaining Agreement and notsubject to the grievance procedure. In the event the Lehigh County health insurance consortiumdissolves or is abandoned, the District shall have the right, following consultation with the Association,to implement plan equivalents to the Lehigh County health insurance consortium plan coverages, co-

pays and deductibles in effect prior to the dissolution. The District also reserves the right to implementa state-wide health insurance program. The District shall have the right to change insurance carriers orbecome self-insured provided the new carrier provides equivalent coverages deductibles and co-pays.

Members with contracts of 50% or greater and less than 100% contract will be required to pay thepercentage differential between a 100% contract and their percentage contract as a membercontribution for the elected medical benefits.

Board Rationale:

The language provides clarification of providing medical insurance to part-time members (members working equal toor greater than 50% but less than 100%). The member contributions for part-time members were previously the sameas full-time members (members working 100%). The proposed language changes the member contributions for part-time members to be equal to the premium costs multiplied by the difference between 100% and the percentage contract.This increased member contribution will allow the member to participate in the District benefits without the Districtpaying a disproportionate amount of the associated costs.

Member contributions for 100% contracts are defined in IX. A.1.

The District continues to participate in the Lehigh County health consortium and is subject to the coverage changesimplemented by the consortiums insurance carrier. The language clarifies that these unilateral changes can not be

disputed.

The Board desires to expand the medical plan options from only the Classic/Indemnification plan to a choice of plansset forth in IX.A.1. The language changes provides for multiple plan options.

The language allows for future participation in a state-wide health plan or the possibility of changing to a self-insuredhealth plan with equivalent coverages and co-pays.


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Section A1


1. HEALTH

a. Classic Indemnification health insurance coverage, currently Highmark Blue Shield , forphysicians, hospitalization and major medical coverage, with $250 deductible for theindividual member and $750 deductible for family and 80% coverage for the next $1,750, and100% thereafter, shall be provided by the District for each member and his/her immediatefamily, including dependent children who qualify as full-time students until the attainment oftwenty-three (23) years of age.

Full-time members selecting this plan shall be required to contribute 12% of the annualpremium paid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments for the 2009-2010 year and 14% of the annual premium paid by theDistrict to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll paymentsfor the 2010-2011 year.

b. A PPO A health insurance plan for physicians, hospitalization and major medicalcoverage with $0 deductible and $10 office visit co-pay for in-network providers shall beprovided by the District for each member and his/her immediate family, including dependentchildren who qualify as full-time students until attainment of twenty-five (25) years of age.

Full-time members selecting this plan shall be required to contribute 10% of the annualpremium paid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments for the 2009-2010 year and 12% of the annual premium paid by theDistrict to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll paymentsfor the 2010-2011 year.

c. A PPO B health insurance plan for physicians, hospitalization and major medicalcoverage with a $250 deductible for individual and $500 deductible for family and $15 officevisit co-pay for in-network providers shall be provided by the District for each member andhis/her immediate family, including dependent children who qualify as full-time students untilattainment of twenty-five (25) years of age.

Full-time members selecting this plan shall be required to contribute 5% of the annual premiumpaid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payrollpayments for the 2009-2010 year and 7% of the annual premium paid by the District toHighmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments for the 2010-2011 year.

d. A PPO C health insurance plan for physicians, hospitalization and major medicalcoverage with a $500 deductible for individual and $1,000 deductible for family and $20 officevisit co-pay for in-network providers shall be provided by the District for each member andhis/her immediate family, including dependent children who qualify as full-time students untilattainment of twenty-five (25) years of age.

Full-time members selecting this plan shall be required to contribute 2% of the annual premiumpaid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payrollpayments for the 2009-2010 year and 4% of the annual premium paid by the District to


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Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments for the 2010-2011 year.

Board Rationale:

This language identifies the four (4) health plan options, including the continuance of the presentClassic/Indemnification health plan as well as three (3) new PPO options. The description for each option sets forththe level of coverages, deductibles, co-pays, office visit payments, and age limit for dependents. The member will beable to select a health plan that will address their medical utilization. The plan options will provide for reduced membercontributions through selection of any of the PPO options.

The language also identifies the member contribution for the selected option as a percentage of the premium paid by theDistrict. The member contribution will be annualized and withheld over 26 bi-weekly payroll deductions. Spreadingthe member contribution over all pays will levelize the members net payroll check and facilitate personal budgeting.

These changes in the health insurance coverages are needed to address the significant and sustained increases in healthcare costs. As these costs continue to increase, it is appropriate for members to contribute a proportionate amounttowards the cost of the benefits received. In previous contracts, the District defined only two levels of membercontributions (single or dependent). However, the District provides for five (5) levels of coverage (single, husband &wife, parent & child, parent & children, or family). It is appropriate for the member contributions to be a percentage ofthe actual premium for the selected coverage. For example, the member selecting parent & child coverage will not becontributing based on the higher premium charged for family coverage. Additionally, the District identified a fixedamount for the member contribution for the elected level of coverage in advance of actually knowing the amount of thepremiums. It is appropriate for the member contribution to parallel the known premium costs rather than try to estimatethe future cost increase.

The Districts health insurance costs increased 8% for the 2009-2010 school year. Highmark Blue Shield has identified

that the insurance costs for 2010-11 will increase 20% and the increase for 2011-2012 is estimated to be 10-12%. Asthe Districts costs are driven by the plan coverages, administrative costs and claims paid, it is impossible to know theDistricts future health insurance costs. Aligning the member contributions with the actual premiums will allow themember contribution to fluctuate with the Districts costs. Understanding the impact of claims paid to the Districtshealth insurance costs will incent the member to proactively participate in managing choices impacting their overallhealth and medical utilization. Offering a variety of health plans will allow members to participate in the benefits ofmanaging their health and wellness.

The District must operate within the constraints imposed by Act 1, specifically that the District is limited in the amountof increase in real estate tax millage. Since this limited millage increase results in a finite increase in the amount oflocal real estate tax revenue, health insurance cost increases greater than the proportionate amount of millage increasecan only be addressed through reductions in other District expenditures. The Board has regularly budgeted and

managed expenditures in a responsible manner and therefore there are no areas within the budget that can be reducedwithout negatively impacting the quality of the educational program and operational services provided at NorthwesternLehigh School District.

See Appendix R-1 through R-6 and E-1 through E-5 for estimated changes in District revenues and expenditures.


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Article IX. FRINGE BENEFITSSection A2


2. PRESCRIPTIONSDuring the term of this Agreement, the District shall make available the then current Lehigh

County health consortium prescription insuranceoptions defined below with correspondingcoverages and co pays.

Retail

Brand

Non-

Formulary

Retail

Brand

Formulary

Retail

Generic

Mail Brand

Non-

Formulary

Mail

Brand

Formulary

Mail

Generic

$45.00 $25.00 $10.00 $90.00 $50.00 $20.00

Board Rationale:

The changes reflect the proposed dates of the CBA and update the amount of co-pays for each associated prescription.

The District continues to offer both retail and mail services and is proposing a three tiered prescription choice for bothoptions. This choice allows members to select either a formulary or non-formulary brand name drug or a genericequivalent. Formulary brand drugs are a preferred list of drugs which are medically effective and payable at a lower copay. Non-formulary brand drugs are not included on the formulary list. Utilization of a formulary brand prescriptionwill result in a reduction of the amount paid by the member from their current retail brand co pay. This three tieredchoice will also help minimize the increasing health care costs associated with the prescription coverage. The increasein the mail co pays will align the cost of the retail drugs for a 30 day supply with the 90 day supply received through themail.

Members with contracts of 50% or greater and less than 100% contract will be required to pay the differential betweena 100% contract and their percentage contract as a member contribution for the elected medical (health, prescription,and dental) benefits.


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3. DENTALThe District shall provide dental coverage, currently United Concordia, through the then

current Lehigh County health consortium standard health insurance coverage for full-timemembers and his/her immediate family. The dental coverage is part of the medical insurancepackage.

Board Rationale:

The language clarifies that dental coverage is included in the medical insurance package and that full-timemembers and their immediate family will be offered coverage. Part-time members (members with contractsequal to or greater than 50% and less than 100%) will be responsible for contributing the difference between100% and the percentage contract consistent with IX. A.


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Board Rationale:

This section was eliminated as the Board is proposing implementation of a member contribution that is determined bythe amount of premium cost for the plan and coverage selected. The Board is proposing that the member contributionsare tied to premiums paid for the plan and the coverage selected by the member.

The details and discussion of the member contributions are addressed in IX.A.


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4. For the health, prescription and dental coverage stated above where a spouse isemployed by the District, the spouse would be provided coverage as a dependent only. The

spouse identified as the health insurance subscriber shall not be responsible for the membercontribution defined above. The District shall make available for any spouse who incurs a lossof money due to this coverage a noncumulative total sum of $2,000 during any one year. TheDistrict shall allocate these fund dollars for each school year effective July 1, on the firstapplied, first paid basis. There shall be no reimbursement to any member of the bargainingunit who shall apply after the $2,000 fund for that year has been exhausted.

Board Rationale:

The language clarification reflects the Districts current practice.


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Section A6


5. DISABILITY INSURANCEThe District will provide a long-term disability policy that contains a seventy-five (75)calendar day elimination period provision, and will begin on the seventy-sixth (76) day orfollowing the cessation of sick leave, whichever comes later, providing payment of 66 2/3% ofthe base salary up to a maximum of $2,700 a month for the term of this agreement until agesixty-five (65), less all applicable offsets defined by the Insurance Carrier. No members shallreceive both sick leave payments from the District and disability benefits from the InsuranceCarrier in the application of the LTD insurance. In the event of such duplication, the membershall render the disability payments which represent duplication to the District.

Board Rationale:



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Section A7

Board Rationale: Modify as follows

6. LIFE INSURANCE

During the term of this Agreement, the District will provide at its cost a term life andaccidental death and dismemberment policy in the amount of $45,000 or the members annualsalary, whichever is lesser, to all members of the Association.

Board Rationale:

The language changes clarify the current District practice of paying the entire cost of the life insurance coverage. Formembers with a salary less than $45,000, the District proposes providing coverage equal to the members salary.


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Section A8

Board Position: Modify as follows7. VISION

The District shall make available for the vision care of members of the Association as a group,

the non-cumulative total sum of $10,000 for each year of this agreement.

The maximum reimbursement for a member of the Association shall be a total of $180.00 forthe 2009-2010 and 2010-2011 school years for an examination by a licensed vision carepractitioner and/or for a change of lenses.

The District shall allocate the vision care fund dollars for each school year effective July 1 onthe first-applied first-paid basis. There shall be no reimbursement to any member of theAssociation who shall apply after the fund for that year has been exhausted. An itemized proofof payment must be submitted to the Business Administrator for reimbursement. All requestsfor reimbursement must be submitted no later than August 1 following the end of the schoolyear.

Board Rationale:


Additional clarification was added to require that the proof of payment and requests for reimbursement be submitted by

August 1 to facilitate the inclusion of the expense in the appropriate fiscal year. All expenditures for each school yearmust be processed for payment within 60 days to comply with governmental generally accepted accounting principles.


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. .

Board Rationale:

This section was eliminated to comply with the provisions of the Mental Health Parity Act.


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Section B


B. TUITION REIMBURSEMENT

The District shall reimburse a member of the Association for additional college credits earned asfollows:

1. The course or courses shall be approved by the applicable Principal/Supervisor, and theSuperintendent prior to registration and payment of tuition.

2. Not more than nine (9) credits shall be reimbursed for each school fiscal year (July 1 through June30).

3. When a memberis on Board approved professional development leave for educational study, amaximum of eighteen (18) credits will be reimbursed for a full year and nine (9) credits for one-

half year under the provisions of Act 66 of 1996.

4. All course work shall be applicable to the members professional assignment/ certification.5. Approved courses shall be reimbursed at actual cost up to $357.00 per graduate credit.6. The member shall earn a passing grade of C or better, or Pass in a course which can only be

taken pass/fail to receive course reimbursement and/or credit toward the pay scale.

7. All requests for reimbursement of the completed classes must be submitted to the Superintendentno later than August 1 of each school year or there will be no reimbursement.

8. Members with fractional or percentage contracts will receive pro-rated tuition reimbursement. Therate of $357 will be used to calculate the pro-rated amount of tuition reimbursed to the member.The prorated amount will be based on the fractional or percentage value of their contract. Example:A 40% contract will receive tuition reimbursement at 40% of $357.

9. Members utilizing disability leave, medical sabbatical leave, or unpaid leave are not eligible fortuition reimbursement during their leave.


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Board Rationale:


4. Redundant language eliminated as practice is stated in above language.

5. The amount of reimbursement for each graduate credit will be fixed at $357. This will allow the Districts resourcesto be distributed to a greater number of individuals pursuing additional college credits for Level 2 Certification.

7. Language was added to require requests for reimbursement be submitted by August 1 to facilitate the inclusion of theexpense in the appropriate fiscal year. All expenditures for each school year must be processed for payment within 60days to comply with governmental generally accepted accounting principles.

8. Language was added to address reimbursement for part-time members consistent with details and discussion of themember contributions are addressed in IX.A.

9. Language reflects current practice.


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Article X. LEAVES OF ABSENCESection A1


A. PERSONAL

1. Members shall be entitled three (3) days absence with pay per school year for personal reasons.a. Members may elect to surrender up to their maximum annual allotment of three (3) days and

be paid for those days at the rate of $50 per day on an annual basis only. To activate this pay,the member would initiate a request voucher at the building level to be signed by themember, confirmed by the Principal/Supervisor, and forwarded to the Business Administratorby June 1 for processing for the first pay in July. At retirement, a members unused personaldays will be converted to sick days for retirement severance.

b. Personal days--Requests shall be made three (3) days in advance, on the required form andsubmitted to the Principal/Supervisor for approval. No reason or explanation is required to

utilize a personal day.

c. If the need for a personal day cannot be scheduled three (3) days in advance due to anemergency situation, the personal day can be arranged by the member calling the substitutecoordinator and communicating the need. Upon return, the required absence forms shall becompleted by the member and processed.

Board Rationale:


Language changes clarify current practices specifying that the appropriate form and procedures be consistentlyfollowed. The language also eliminates the need to identify the reason for the absence or explanation on the absenceform.


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Article X. LEAVES OF ABSENCE

Section A2


2. The member may carry forward an unlimited number of unused personal days from year to year.A member may use no more than five (5) personal days in any one school year and must give ten(10) days notice for any request that exceeds three (3) consecutive work days. As per thisagreement, no exceptions will be made to the conditions of this article, and no attempts will bemade for the future translation of unused personal days to cash value.

The use of personal days shall not result in more than 10% of the staff being absent from anybuilding for extended sick leave, personal, and/or unpaid days on any given day. The use ofpersonal or unpaid days shall not be permitted during the first or last five (5) student days of theschool year.

Board Rationale:


The language changes provide consistency with the language in X.A.1. through utilization of Personal days.

This edit was intended to clarify when a member may use personal days at the start and end of a school year.

The language clarifies that personal or unpaid days are not permitted during the first or last five (5) student days of theschool year. This is needed to provide for consistency during a critical time period of development of relationshipswith students, establishing routines and setting standards for the year, as well as summative assessments, determinationof final grades, and closure to the school year.


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Article X. LEAVES OF ABSENCESection B


B.

Board Rationale:

This section was eliminated as the provisions of the workers compensation law will be followed in the event of a work-related injury. Current practice of coordinating amounts paid to members eligible for group long-term disabilitybenefits will continue.


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Section B


B. BEREAVEMENT LEAVE:

Members will receive bereavement time for the loss of the members immediate family member or arelative of the member as outlined below. The member will receive their regular full day pay whenutilizing Bereavement Leave.

Three (3)days

For death of immediate family, as defined in Section 1154(b) of thePennsylvania School Code; father, mother, brother, sister, son, daughter,husband, wife,parent-in-law or near relative who resides in the samehousehold, or any person with whom the employee has made his/herhome.

One (1)day

For the death of a near relative,as defined in Section 1154(c) of thePennsylvania School Code;first cousin, grandfather, grandmother,aunt,uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-law orsister-in-law.

Board Rationale:

This section documents bereavement leave consistent with the Pennsylvania School Code. Added for informationalpurposes only, not a change to current practice.


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Section C1


C. PREGNANCY DISABILITY LEAVE AND CHILD REARING LEAVE

1. Definition

a. Disability leave due to pregnancy is the period of time before the birth of the child(ren)and/or after the birth of the child(ren). A physicians statement in writing certifying thedisability of the member may be required.

b. Child rearing leave is the period of time requested by the parent to care for the child(ren).In the case of childbirth, child rearing leave commences with the first scheduled work day afterthe birth of the child(ren).

Board Rationale:


Language clarifies that the child rearing leave begins with the birth of the child(ren).


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Article X. LEAVES OF ABSENCESection C2


2. Pregnancy Disability Leave

a. Any member desiring a disability leave shall request such leave to the Director of HumanResources at the earliest possible time. The disability leave shall begin on a date determinedjointly by the members physician and the member.However, if disability occurs due to unforeseen circumstances, no advanced notification isrequired for disability--only for the tentative return to work after disability. The member mayreturn to work based on her ability to perform all required duties upon receipt of writtencertification from the physician.

b. The member on paid disability leave shall receive full pay with all benefits in accordancewith the contract. The number of paid disability days is in accordance with the accumulatedsick leave days. The use of such sick leave may require the member to execute and return tothe District the sick leave form including the physicians statement certifying the disability.

c. If a miscarriage or loss of the child occurs during disability leave, the member shall havethe option of returning to work at a time determined by the physician and coordinated betweenthe member and the Director of Human Resources.

d. After the paid disability leave is completed, the member has the right to request unpaidchild rearing leave. Child rearing leave commences with the date of the birth. The leave thenmust comply with the requirements of child rearing leave section of this agreement.

Board Rationale:



Submission of documentation to the Director of Human Resources is proposed due to the establishment of this office.The Director of Human Resources will help facilitate all benefit changes for the member and maintain health relatedinformation in a confidential manner.

c. The physicians certification of the members ability to perform their duties will establish the return date forcoordination of payroll and benefits.

d. The changes clarify language to reflect current practice.


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Article X. LEAVES OF ABSENCESection C3


3. CHILD REARING LEAVE

a. A member may take a leave of absence without pay and fringe benefits for child rearing.The leave shall terminate at a time consistent with the commencement of a nine (9) week ratingperiod. Child rearing leave shall not exceed eighteen (18)calendar months (not workingmonths) unless agreed upon by the Administration and member. Leave for childrearing mustend within 18 months after the birth, or in the case of adoption, placement of the child. In nocase will childrearing leave be granted for children who have reached their fifth birthday. Theleave must terminate at the beginning of the 9 week grading period prior to the child turning 5years of age.

b. A written request for child rearing leave must be made to the Director of Human Resourcesat least thirty (30) calendar days prior to beginning the leave. The notice shall also state thetime when the member intends to return to employment which shall comply with Section.2.

c. In cases where a member requests and begins early child rearing leave in which the loss ofthe child occurs during the leave, the member shall be entitled to return to employment at atime coinciding with a nine (9) week rating period.

d. At the conclusion of child rearing leave, the member shall return to the original position or aposition of like status and pay. The member shall advance on the pay scale without loss ofseniority if the leave is for two (2) nine-week grading periods or less and in all other aspects beaccorded all rights and benefits of a member of the District.

e. The District shall permit a member to purchase health benefits through COBRA and qualifyfor conversion of life insurance benefits during child rearing leaves. The member will be

notified by the participating insurance carrier.

e. The adoption of a child qualifies an adopting parent to the same rights to child rearing leaveas granted herein to a natural parent. The member shall notify the Director of HumanResources in writing at the earliest possible time of his/her intent to adopt. Taking possessionof a child leading to a decree of adoption shall qualify as a proper time for the commencementof the child rearing leave.

Board Rationale:


Submission of documentation to the Director of Human Resources is proposed due to the establishment of this office.The Director of Human Resources will help facilitate all benefit changes for the member and maintain health relatedinformation in a confidential manner.

e. Language clarification to reflect current practice and compliance with COBRA provisions.


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Article XI. SALARY PROVISIONS:Section A


A. SALARY PLACEMENT

1. Guidance Counselors: Guidance Counselors will be paid on a 1.0 ratio basis consistent with theirstep as outlined in Appendix A Salary Schedule. During the term of this Agreement, counselorsmay be asked to provide summer service up to a maximum of twenty (20) work days, and shall bepaid on a per diem basis for days worked.

2. The Bachelors Plus 24 credit hours salary scheduled is defined as a Bachelors Degree plus 24additional credits--either undergraduate or graduate. The Masters plus 24 credit hours salaryscheduled is defined as an earned Masters degree or its stated certified equivalent, plus thedesignated number of credits earned after earning the Masters or its equivalent but not required toattaining that degree.

3. For any member hired after July 1, 1993, an earned Masters degree (not equivalency) is required

for movement to the Masters column and beyond on the salary schedule, and additional credits tobe counted for movement on the salary schedule shall be earned after the Masters degree.

Board Rationale:

No changes to the current agreement.


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Article XI. SALARY PROVISIONS:Section B1


B. RETIREMENT SEVERANCE

Any member of the Bargaining Unit with twenty-five (25) years or more of credited teaching service with PSERSand fifteen (15) or more years of service in the Northwestern Lehigh School Board; and upon written notice to theDirector of Human Resources no later than December 15 indicating his/her intention to retire, shall be eligible forthe following retirement severance benefits relevant to the members years of service with PSERS:

1. Unused Sick Day Conversion

a. Unused sick days will be converted to an amount for a post retirement 403(b) contributionaccording to the following conversion chart:

Number of UnusedSick Days

2009-2010 and2010-2011

Rate per day0-50.5 $35.00

51-100.5 $50.00

101-150.5 $57.50

151-225.5 $65.00

226+ $70.00

b. The post retirement 403(b) contribution will be made by the 10th of the monthfollowing the month of retirement.

Board Rationale:


Submission of documentation to the Director of Human Resources is proposed due to the establishment of this office.

B. The change in the date of notification is proposed due to the budget preparation deadlines established by theenactment of Act 1.

B.1.a. Language reflects the continuation of the current conversion for the term of the CBA.


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Article XI. SALARY PROVISIONS:Section B2


2. Medical Benefits Conversion Formula:

a. Medical insurance will be provided by the District from available insurance dollars utilizingthe following chart for eligible retirees.

Year of Credited PSERS Service Available Insurance Dollars2009-2010 & 2010-2011

Less than 31 years $18,500

31 years to less than 36 years $14,000

36 or more years $9,500

b. The District will provide to all eligible retirees no matter when they retired (except thoseretirees otherwise covered in Section e.) an opportunity to acquirethe then current PPO Cmedical insurance plan retirement medical insurance package, which as of July 1, 2009,provides medical benefits (including drug coverage) with a $500 individual deductible and$1,000 family deductible and a $20 office visit for in-network providers and $1,000 individualdeductible and $2,000 family deductible for out-of-network providers, until the memberqualifies for Medicare or the exhaustion of the retirees available insurance dollars. Coverageshall begin immediately upon retirement and be continuous until the specified availableinsurance dollars are exhausted. It is expressly understood that any changes with regards tomedical coverage shall apply to all retirees regardless of when they became eligible for retireemedical benefits. After the exhaustion of the available insurance dollars and if the retiree isstill eligible for Act 43 benefits, the retiree will be able to purchase the then current PPO Cmedical insurance plan retirement medical insurance package with personal dollars. :

b. Retirees will be required to pay the then current monthly PSERS InsurancePremium Assistance Rate to the District prior to the first of the month for which insurancecoverage is provided. If the District does not receive the premium assistance payment by thetenth of the month for which the insurance coverage is provided, a $25 late charge will bededucted from the retirees available insurance dollars and if not received by the end of themonth, the premium assistance amount will be deducted from the retirees available insurancedollars.

c. After submitting the premium assistance determined amount to the District, it will be theretirees responsibility to submit his/her request to PSERS for the Premium Assistance refund.

d. .

d. Eligible retirees may elect to purchase spousal insurance at the beginning of a plan year, orwhen there is a change in family status, through the District with personal dollars (not retireeavailable insurance dollars). Payment for spousal/dependent coverage is required to be madeto the District prior to the first of the month for which the insurance coverage is provided. If


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Article XI. SALARY PROVISIONS:Section C


C. HOMEBOUND INSTRUCTION

Compensation for homebound instruction shall be paid at the rate of $27.50 for the 2009-2010 and 2010-2011

school years.

Board Rationale:


The amounts remain unchanged.


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Article XI. SALARY PROVISIONS:Section D


D. PRINTING OF AGREEMENT

The District shall furnish and pay for the printing of this agreement to be given to each member withintwenty (20) working days following its formal approval.

Board Rationale:

Change of use of word employer to District to clarify.


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SALARY SCHEDULES



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Northwestern Lehigh School District2009-2010 & 2010-2011 SALARY SCHEDULE

Step BS BS+24 MS MS+24

1 39,000 39,900 41,150 42,650

2 39,500 40,400 41,650 43,150

3 40,000 40,900 42,150 43,650

4 40,700 41,600 42,850 44,350

5 41,400 42,300 43,550 45,050

6 42,400 43,300 44,550 46,050

7 43,400 44,300 45,550 47,050

8 44,400 45,300 46,550 48,050

9 45,600 46,500 47,750 49,250

10 46,800 47,700 48,950 50,450

11 48,600 49,500 50,750 52,250

12 50,800 51,700 52,950 54,450

13 53,300 54,200 55,450 56,950

14 56,680 57,580 58,830 60,330

15 60,880 61,780 63,030 64,530

16 66,180 67,080 68,330 69,830

17 71,500 72,400 73,650 75,150

Salary Schedule and Step Placement will be maintained for the life of the proposed contract.

Board Rationale:


The amounts remain unchanged. The Boards rationale for keeping the 2008-2009 salary schedule as is, with noincreases, for two years is a result of the challenges associated with the current economic recession, the limits of Act 1,the projected revenue shortfalls, and sharp expenditure increases previously outlined in this document.


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APPENDIX B-1


Northwestern Lehigh School DistrictINTERSCHOLASTIC ATHLETICS

1. COMPENSATION PLAN FOR INTERSCHOLASTIC ATHLETICS AS FOLLOWS:

ATHLETICS ACTIVITY 2009-2010 &

2010-2011

Equipment Manager 3842.31

Head Boys Baseball 5098.76

Head Girls Softball 5098.76

Head Basketball/Boys 6300.17

Head Basketball/Girls 6300.17

Cheering: / Football 2277.31

Winter / Basketball 2703.59Winter / Wrestling 2277.31

Cross Country 3315.94

Head Field Hockey 5098.76

Head Football 7501.62

Head Soccer, Boys 5098.76

Head Soccer, Girls 5098.76

Head Track (2) 5098.76

Head Wrestling 6300.17

2. ASSISTANT COACHING SALARIES:

The salaries will be established at the rate of 60% of the head coachs salary during the first two (2) years ofservice. With three (3) or more years of service, salary will be established at 70%.

3. ALL COACHES remaining with the same program for ten (10) or more years willreceive an additional increment of $200.00 to the above-stated salaries.

4. SPECIFIC CONDITIONS:

a. Reimbursement of $17.50 per event (scouting) plus travel expense as per mileage agreement will bepaid with the approval of the Director of Athletics & Student Activities and Principal.

b. Head coaches are to be selected in advance of assistant coaches and are to participate in the selection

of assistant(s) when possible.

c. Each coach may be entitled to attend a clinic, one per year, and reimbursement by the Districtwill be made upon receipt of valid itemized expenses and upon approval of Principal and Director ofActivities. Each coach may be reimbursed with a maximum fee of $200.00.

d. Reimbursement for additional time needed due to post regular league schedule appearances shall

be made at greater of 2 % of the coaching salary per week or $90 per week.


73/79

Appendix B-1, continued

5. STIPENDS as listed on the appendix are to be paid on the following schedules:

a. CHECK PAYABLE DATES: These checks will be held by the Principaluntil all obligations have been fulfilled.

Fall Season = Last pay in Novem

Fact Finding Report 11-5-09

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Transcript of Fact Finding Report 11-5-09