West Orange Teacher, BOE Contract Battle Continues

WEST ORANGE, NJ — An increasingly-tense negotiation stalemate between the West Orange Board of Education and the West Orange Education Association (WOEA) may continue until early October, when the two sides are slated to meet for a mediation session with the Public Employment Relations Commission.

Earlier this month, the WOEA – which represents the district’s teachers, paraprofessionals, administrative assistants, computer technicians and security officers – announced that they were boycotting the district’s annual Back to School Nights in the face of an “all-time low” in employee morale.

Citing reasons such as a “finger-pointing” mentality among administrators, a lack of hiring from within and stagnating contract negotiations that have been lingering for more than a year, WOEA members said that the boycott of the voluntary event was a way to bring attention to the situation without striking.

• See related article: West Orange Teachers Boycott Back To School Night

West Orange Board of Education members sent Patch a statement in opposition to many of the union's allegations, calling the WOEA’s claim that the board has failed to hire from within “completely inaccurate.”

BOE members claimed in a joint statement that they have been engaged in negotiations with the WOEA for a collective negotiations agreement since May of 2015 and have reached tentative agreements on several issues.

"While the board was interested in continuing face-to-face negotiations, the Association declared impasse on May 26, 2016. Therefore, a mediator was appointed by the Public Employment Relations Commission, with whom we met on Tuesday, Sept. 6, and presented the most recent contract proposal to the association to which the association has not responded."

BOE members previously stated that they remain hopeful that the parties will negotiate in good faith.

• See related article: 'Back To School Night' Protest Continues In West Orange, NJ

On Friday, the BOE and WOEA both provided Patch with an update on contract negotiations, which can be seen below.

BOARD OF EDUCATION

Editor’s Note: The following statement comes courtesy of West Orange Board of Education members Laura Lab, Mark Robertson, Ronald Charles, Sandra Mordecai and Irv Schwarzbaum.

“The West Orange Board of Education and Administration values our staff but need to find a fair and equitable agreement for all parties as the Board represents all West Orange taxpayers.

“We welcome the opportunity to find common ground and work together on viable solutions.

“The Association unilaterally declared impasse on May 26, 2016. A mediator was appointed by the Public Employment Relations Commission, with whom we met on Tuesday, September 6, 2016, and our next session is scheduled for October 10, 2016. At the September 6th mediation session, the Board presented the Association with a salary increase proposal higher than the current settlement rate average of 2.41% in Essex County (statistics provided by the New Jersey School Board Association) and a health benefits proposal to which the Association has failed to respond.

“The District spent $70.7 million on Association member salaries and $13.8 million on employees’ health care benefits for a total of $84.5 million. The Association members required health care contributions were $3.1 million. The Board paid $10.7 million for the Association’s health care benefits last year. The cost of salary and benefits for Association members equate to 58% of the current Operating Budget. West Orange taxpayers fund 91.7% of the Operating Budget and 62% of the local tax bill funds the public schools.

“Remaining within the annual 2% budget cap imposed by law is very challenging when insurance rates that cost $13.8 million this year are subject to an increase of 10-14% annually. In this case, there would have been an annual increase of approximately $2.0-2.8 million. In an effort to reduce the enormous increase each year, the Board appointed a new health care broker who secured an increase of only 8% for the 2016-2017 school year. By appointing the new broker of record, the Board was able to save approximately $800,000. This rate increase benefited the overall health care cost to the Board and the out-of-pocket contributions for all district employees.

“The current average cost of health care benefits to the Board for an Association member requiring family coverage is $35,000 per year. Employees are currently required to pay, pursuant to Chapter 78 requirements, between 3%-35% of the premium based upon their salaries.

“The Board finds it misdirected that the Association is criticizing the Board for the New Jersey State law, which required all public employees to contribute toward their health benefit premiums. The public should be aware that the Association members receive some of the highest salaries when compared to surrounding school districts. West Orange teachers are ranked the 7th highest in pay out of 103 comparable districts. As per the New Jersey Department of Education’s analysis, our median salary is higher than similar districts in Essex County, including Livingston, Maplewood-South Orange, and Montclair School Districts.

“The only Essex County comparable district (K-12, with 3500+ students) with a median salary that is higher is Millburn Public Schools.

“The Board remains hopeful that the parties will negotiate in good faith and strongly encourages the Association members to contact their leadership and demand specific details regarding the Board’s recent salary increase and health benefits proposals.

“The Board is committed to negotiating a contract that is fair to the Association members and the West Orange taxpayers.”

WEST ORANGE EDUCATION ASSOCIATION

Editor’s Note: The following statement comes courtesy of WOEA President Mark Maniscalco, Vice President Stacie Varanelli, and Vice President/Treasurer Denise Keastead.

“The WOEA was heartened by the fact that the BOE released a document today stating that they value our staff. We sincerely hope that their future actions reflect this statement. To date, they have not.

“We are compelled to address several blatant inaccuracies and omissions contained in the BOE statement provided to the Patch.

“At our mediation session on September 6, 2016, the BOE made an offer that was formally repudiated on September 14. Their claim that it has not been responded to is a falsehood, plain and simple.

“They discuss a salary increase offer that is, according to the BOE, higher than a supposed settlement rate average. They fail entirely to note that most recent settlements have been significantly higher than the quoted rate, and significantly higher than what was offered.

“They refer without detail to a health benefits proposal, but fail to state that it would represent lower coverage and the elimination of an important health-related benefit that would cost many individual members thousands of dollars.

“They fail entirely to report that the WOEA has proposed a healthcare solution that would result in coverage remaining the same, but where the structure could be altered so that the premiums would significantly diminish, saving both the BOE and the staff real money. This is a proposal for which WOEA asked the BOE and its broker to deliver a plan that could at least be considered by both parties, and the broker wholly failed to deliver a plan that accorded with the request.

“Misleading by omission is dangerous. Substantial, important truths fail to see the light of day unless challenged. We all deserve better from our elected officials.

“The BOE speaks of remaining within a 2% cap imposed by law. Again, this sadly misleads the public by what is not said. They simply are not burdened at this time by a 2% cap.

“Because of the enormous involuntary salary refunds paid by the staff directly back to the BOE, this Board has not needed to budget to cap for several years and has not done so. This means that the BOE has plenty of “banked cap”, which means they are completely free to budget far beyond the 2% that they claim. This, of course, is unspoken in their description of the situation.

“Our teachers, secretaries, aides, techs and security officers have been refunding significant amounts of salary – without ever negotiating this refund – for years, watching their paper wages actually shrinking as the BOE receives the benefit and the cash. Again, these important facts are omitted.

“They speak of Chapter 78 requirements. Again, the deception by omission is disturbing.

“For WOEA, these requirements expired on July 1, 2015. Since that date, the only legal requirement for this refund has been 1.5% of our members' salaries.

“The BOE has been, for more than a year, perfectly free to negotiate a salary refund that is fairer and more beneficial to the employees. They have chosen not to. This is, of course, not mentioned.

“They could have and still can decide that the current substantial non-negotiated involuntary reduction in real wages is manifestly unfair to those who have dedicated their lives and careers to the children and families of West Orange.

“At this point, the state says we have to pay 1.5%, and does not require a penny more. The remainder demanded by this Board is the real reason that so many of our members have seen their real take-home wages stagnate or fall. When the BOE blames the state for this situation, they are misleading. The blame lies in their mirror.

“These are the facts. They may be inconvenient for the BOE, but they are facts. They deserve to see the light of day and should not be omitted from any truthful description of this unfortunate situation.

“The BOE claims to be willing to negotiate in good faith to achieve an agreement that is fair to our staff and our West Orange community. We take them at their word, but we certainly hope nothing important was omitted.”

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