Update on Non Binding Arbitration Sessions

The School Board and NFT are currently engaged in the non binding arbitration process as is prescribed under Pennsylvania law.

Both parties have agreed on an arbitrator, selected from a list provided by the American Arbitration Association.

The hearings have started, and six additional dates in February and March have been scheduled. After both parties have submitted their issues to the arbitration panel, the public will be given the opportunity to submit written comment.

Your school board asks for your continued patience as we honor the arbitration process. The Board will provide the public with updates at the appropriate time as the process allows.

Thank you for your support.

Ritchie Webb

January 26th session cancelled

Mr. Cairns, Labor Mediator, Bureau of Mediation, PA Department of Labor and Industry, requested / recommended that we postpone our January 26, 2012 meeting. Instead he requested a mediated off-site, off record discussion on the process of Act 88 final best offer arbitration with one attorney from each party. The NFT and the District agreed to the postponement in order to move the Act 88 arbitration process forward.

Your school board wants to reassure the community that this next meeting is only to establish a process for moving forward through the state-mandated, non binding arbitration. We are still committed to transparency in keeping the public informed of our progress in negotiations. Please stay Tuned for further updates.

Board not interested in meeting for the sake of meeting

In reaction to a recent NFT press release which accuses the District of refusing to work towards a contract settlement, School Board President Ritchie Webb issued the following response:

  Dear Ms. Boyd:

  I have reviewed a copy of the press release issued by the NFT yesterday.  Let me start by noting that there is much that you state in that release with which we disagree concerning the facts.  There will be time to address those discrepancies in the future if necessary.  The main purpose of this letter is to focus on negotiations.  

  The District is pleased to hear, finally, that the NFT is prepared to “explore any and all ways to reach a fair contract” and that you are not “fussy” about how we get to a fair agreement. While those public statements are nice to hear, they are easy to make.  The proof will be in the actions the NFT takes.  So, the District’s bargaining team is prepared to meet on January 26, 2012 starting at 6:30 PM for a bargaining session.

  It is the District’s expectation that the NFT will start this session by presenting a complete written, comprehensive proposal that addresses all remaining open issues.  Such a proposal could (depending on its content) show the NFT’s sincere desire to address the District’s concerns and provide a basis for the Board, in conjunction with the Mediator, to consider meeting in some form of accelerated negotiation schedule.  The Board’s negotiation team, however, is not interested in meeting just for the sake of meeting.

  As both parties prepare to commence mandatory, nonbinding arbitration as is called for by Act 88, I take this opportunity to emphasize that these bargaining sessions can only be productive if the NFT shows a true, sincere effort to address the District’s needs.

  We look forward to your proposal on the 26th.

  Sincerely,

Ritchie Webb
President
Neshaminy Board of School Directors

Webb comments on NFT failure to return to classrooms

A Letter to the Neshaminy Community

I'm sure you know by now that the NFT will not report to work on Tuesday, January 16th. I am greatly disappointed, but not surprised since the NFT leadership has shown no regard for the rule of law in the past. Why would we expect them now to honor Act 88, which requires the NFT to return to teaching?

Act 88 requires the NFT to allow 10 days for the Neshaminy School Board to respond to their request for binding arbitration; the act also requires that during that time no strike may occur. Once again, this rogue NFT leadership has shown total disregard for the law and our community, and they are poor examples for our children.

The NFT claims they did not propose binding arbitration, yet their spokesperson, Bob Schiers, clearly stated that the NFT requested arbitration in his interview, January 13, 2012, as printed by the Philadelphia Inquirer. In this article Mr. Schiers says that this is the first time the NFT has ever made such a proposal.

Even that statement by Mr. Schiers’ is inaccurate as is evident from another article dated October 28, 1993, in the Philadelphia Inquirer. That article quotes representatives of the Neshaminy Federation of Teachers stating they wanted the school board to consider binding the results of a usually nonbinding arbitration process, known as fact-finding and follow its recommendations.

Obviously, this attempt at binding arbitration is an NFT ploy designed to mislead the public and the board, knowing full well that past experiences with arbitrators tend to favor the union.

Once again I will repeat the board’s willingness to negotiate as often as the Bureau of Mediation can schedule meetings. However, only after the teachers return to work.

I want to thank the Neshaminy community for its overwhelming support. I appreciate the hardship you are enduring while the teachers are on strike.

Thank you!

Ritchie Webb
Neshaminy School Board President

Teachers declare strike

The Nesaminy Federation of Teachers (NFT) announced today that our teachers will be striking effective Monday, January 9th.

Please visit the school district website at http://www.neshaminy.k12.pa.us for important updates.

We urge every member of our community to contact NFT Headquarters at 215-547-2001 and demand that teachers immediately end this job action aimed at our children, and return to the bargaining table ready to negotiate an affordable contract.

NFT solution: Ignore PSERS, spend reserves, raise taxes

Here is an update of meeting #38:

The meeting began at 6:00pm and lasted until 8:07pm. Time was spent with mediator reviewing both current proposals from NFT dated  August 29, 2011 & Board Proposal of September 7, 2011. The board explained to the mediator why they can not accept the NFT proposal, making sure he had a understanding of the district finances.

The NFT proposal suggested taking money set aside, by the board to pay for Public School Employees Retirement System expenses for the teachers and other employees of the district, to settle the contract.

The NFT suggested that these funds would not be needed because the PSERS Fund investments would not require future increases, however, the latest audit Dec 9, 2011 shows a loss for the PSERS fund of 3.62 %. In fact, the contribution percentage increased from the current 8.65% for employers to 12.36% for 2012-2013 school year.

The NFT further suggested that monies in the District's Capital Improvement Fund could be used to help settle the contract. The board explained that there is $40,000,000 of capital improvement needs and due to Act 1 we have limited ability to float future debt. The board feels that our buildings are very important to our students success.

One of the NFT's other suggestions would require the district to raise taxes. Once again, Act 1 limits the amount the district can raise to $1,900,000. for the entire needs of the district which includes buildings,buses, fuel, salary's, student supplies, etc. Therefore it would be impossible to dedicate any potential tax increase monies strictly to teachers salaries only, however due to current economic conditions it would be hard to find support for a tax increase.

At the insistence of the state mediator, the board agreed to change their position on grievance and drug testing details. After consideration to these proposed concessions, the NFT came back asking for a study on drug testing by a committee of equal members (NFT & Board) to come up with appropriate drug testing to address the issue & cost associated to implement. The committee to formulate resolution for recommendation and adoption.

It was the opinion of the board after discussion with the mediator that the NFT was not serious in negotiating any matters of importance that could lead to a settlement so the session was ended.

There are two tentative meetings set up for 1/12/12 (meeting #39) & 1/26/12 (meeting #40).

The NFT presentation: Facts You Should Check

Earlier today, Board President Ritchie Webb issued the following statement in reaction to the recent NFT presentation titled "Facts You Should Hear" . . .

"Everything you need to know about how the NFT ignores facts and distorts the truth in their presentation is exemplified in the slide “Why it may not come to pass”

  Their very first bullet point notes that fiscal 2011 was an “exceptional” year for investment returns, suggesting that the PSERS actuarial assessments will go down and the impact to taxpayers will be minimized.

  If you have a Jeopardy buzzer to signify a wrong answer, press it now . . .

  FACT: Just a few weeks ago, the employer contribution estimates (percent of payroll) posted on the PSERS website listed the following through 2021:  

2012/2013 – 12.19%
2013/2014 – 16.69%.
2014/2015 – 21.18%.
2015/2016 – 23.66%.
2016/2017 – 24.50%.
2017/2018 – 25.27%.
2018/2019 – 26.24%.
2019/2020 – 26.26%.
2020/2021 – 26.26%  

FACT: If you calculate the contribution above against the current rate of 8.65%, based on an annual payroll of $50,202,220 (assuming no salary increases), by the year 2021, Neshaminy and PA taxpayers will have paid an additional $62.5 million to fund PSERS.

  FACT: Since the time the board calculated these numbers and when the NFT issued its presentation, the state has amended its employer contribution estimates and those numbers HAVE GONE UP, NOT DOWN.

  The following employer contributions are now posted on the PSERS website following their December update:  

2012/2013 – 12.36%.
2013/2014 – 16.75%.
2014/2015 – 21.25%.
2015/2016 – 25.56%.
2016/2017 – 26.26%.
2017/2018 – 26.80%.
2018/2019 – 27.53%.
2019/2020 – 28.04%.
2020/2021 – 27.76%  

FACT: If you calculate the updated contributions above against the current rate of 8.65%, based on an annual payroll of $50,202,220 (assuming no salary increases), by the year 2021, Neshaminy and PA taxpayers will have paid an additional $67.5 million to fund PSERS.

  Despite the NFT’s hopes that the tax impact of PSERS will go down, it is actually heading in the complete opposite direction to the tune of another $5 million.

  The current PSERS employer contribution estimates can be found on page 2 of this document posted to the PSERS website:  http://www.psers.state.pa.us/content/pfr/resources/fact.pdf

  Finally, insurance savings estimated by the NFT are grossly overstated. Their salary estimates do not include retro pay, or the educational movement increases written into their proposals.

  Minimal savings result from retirees since they continue to receive free health care and a $27,500 retirement bonus.

  If the NFT had given up their demand for retro payments for the last four years and also education credits, then we are closer to settling a contract. However, if not, then this presentation was all smoke and mirrors."