Auburn teachers file grievance over pay

By Alyssa Sunkin / The Citizen

Tuesday, November 18, 2008 12:10 AM EST

The Auburn Enlarged City School District teachers union gave a lump of coal as a Christmas gift to the district leadership Monday, filing a grievance after learning they may have a few less dollars for holiday shopping or vacation plans during the recess next month.
The Auburn Teachers Association and the district are at odds over payroll during the holiday vacation and when the first paycheck of the new year will be made available.

In the past, the district would provide teachers advanced pay if a payday landed during the holiday vacation, a provision embedded within the ATA contract. But the district is not doing that this year, citing a decision rendered by the state Comptroller's Office in 1962 that states that public school teachers are not entitled to advanced pay.

This year, the first payday of 2009 lands on Friday, Jan. 2, the last day schools are closed for the recess.

According to ATA President Sally Jo Widmer, language inside the teachers' contract states that, “In the event that a paycheck falls due on a non-school day, it shall be made available on the last school day preceding this date.”

Based upon the contract, teachers are expecting their paychecks on Dec. 23, the last day schools are in session.

That practice, she said, has been done for all but two of the last 40 years and grievances were filed on both occasions when that did not occur.

And the same is being done for the third occasion, with the ATA filing a grievance with the board of education Monday. If the board sides with the district, she said, the ATA will go to the American Arbitration Association, seeking a paycheck issuance date of Dec. 23 as well as a fine against the district.

“While this may seem to be a very small issue, when people budgeted in such a manner so that they are able to provide for their families and be able to have a special holiday because they knew these revenues are coming, it's very difficult to have their legs pulled out from under them at such a late time,” Widmer said.

Superintendent J.D. Pabis declined to comment, citing the grievance, pointing only to Opinion 62-309 from the state Comptroller's office dating back to 1962 dealing with districts providing advanced pay to teachers if the payroll period fell within the Christmas vacation.

The comptroller concluded that, “Salary for the Christmas vacation, such vacation not being 'earned and credited,' may not be paid in advance to a teacher in the school system.”

The district and the ATA first met about the 2008-09 payroll calendar last May, during which the district asked the ATA to waive the contract language. The ATA declined and asked the district to follow the contract, Widmer said.

During a second meeting with the ATA on Nov. 6, the district stated that checks would not be issued on Dec. 23.

“Quite frankly, we think the district waiting all this time between May and November was out of malice knowing full well that we will now seek to have the board of education and then a third party decide the issue in a very short period of time,” Widmer said. “Were we to have had the full eight months or nine months available to us, we could have processed this grievance and have a decision rendered in such a manner in at least a timely fashion so we could find out one way or another where this was going to go.”

Staff writer Alyssa Sunkin can be reached at 253-5311 ext. 239 or alyssa.sunkin@lee.net

The Citizens' Say

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There are 17 comment(s)

carolc wrote on Nov 19, 2008 3:53 PM:

" poor james. he cannot read or spell. no wonder he is jealous "

forrest wrote on Nov 18, 2008 9:55 PM:

" Longboard315, you wouldn't have the stones to walk in the shoes of a Correction Officer, but then again the teachers job and a correction officers are not much different today. "

james_13021 wrote on Nov 18, 2008 9:52 PM:

" I see alot of so-called teachers posted.

But all I see in the postings are self-important poeple with their hands in taxpayers money, small people with small minds that only think of themsleves. I

I would write, that after reading the posts, that Auburn should FIRE the lot of them, and hire new. WITHOUT the
Union!!!

From the FOIl act:
2006-7 Salaries for working 9 months of the year with lots of time off as well, plus better benefits pay and benefits than the majority of businesses in the County!

LNAME FNAME SALARY
PITMAN PENELOPE 52134
WHIPPLE JENNIFER 53483
AITCHISON SALLY 52768
ENGLE CHARLES 49511
STUART MATTHEW 43507
GROMNY JOSEPH 46235
PUNTURIERI CAROLE 52510
OCONNOR MARIANNE 95000
SCHLENKER NANCY 51646
SCALISI REGINA 69560
DILLON MATTHEW 44695
MUCEDOLA AMY 53150
NEWTON KRISTI 50798
MCKEON DIANE 54160
HIGGINS JUSTIN 46200
LADOUCE JAMES 72852
TOZZI LUIGI 46974
LOUCKS NATALIE 60802
CAREYDIXON CASEY 49433
SHAND ADELE 49608
RADELL CAREN 0
GARUCCIO LAWRENCE58900
HIRSTLOUCKS CAROLYN 100000
PABIS JOSEPH 110420
LAVERTY MARY 53400
PANEK LORI 50106
JOHNSON CAMILLE 95000
CARKEY ADAM 42285
BOLSTER THOMAS 48000
RAY TAMELA 83398
OWEN LAURA 76859
PLUME JOHN 145030
RHODES KATHLEEN 67706
CAHILL MARK 60000
DODDS JEREMY 72061
WHIPPLE GEORGE 52443
MULVANEY TODD 44285
MOSHATY REBECCA 51512
CASALETTA CATHERINE46927
BARRY KEVIN 51000
BARTON GLORIA 50252
GRILLO LENORE 47086
BISHOP BRADLEY 44000
BOGGESS CHARLES 58070
BUNCE KIMBERLY 47000
BURGESS ROBIN 56118
BUTERA BETH 52000
CALARCO CHRISTINA 48000
CAMBARERI JOHN 52000
PAOLICELLI RICHARD 77267
CARR MICHAEL 72158
CASE ELIZABETH 48000
CATALONE JODY 47415
CORBETT ANDREW 48000
COX AMY 52000
NORRIS LAURA 65205
BENZING KELLY 50000
WALKER GREGORY 55833
SHURANT ERIN 55833
ROTH DAVID 92015
OLIVER BERNADINE 29901
PLUM CHERYL 43173
CAMP LINDA 68500
OSBORNE JAMES 71275
MARTIN KRISTA 49608
WILSON PRESTON 75411
WIDMER SALLY 72813
MCMAHON JANICE 51395
WEBER LAUREN 58878
WALKER SUSAN 51911
WACKEROW DAVID 56384
VILLANO MICHAEL 4900
MCGINN DENNIS 52000
MEIER EDWARD 60000
MILLER MAUREEN 57519
CRAWFORD PATRICK 47794
ONEILL KATHRYN 47537
CONNORS SHELLY 50876
PADULA LYNDA 58400
PETROSINO PETER 49864
PIPHER JAIME 46715
PROSSER LINDA 52419
ROBERTSON BARBARA 55000
ROSECRANS LISA 52126
RUSIN CLAIRE 54580
RYDER PATRICIA 58172
SIMOLO JOHN 70000
SOLOMON SHAWN 44750
TAGGART CATHERINE 47486
MORIARITY MARIA 51171
HERRLING ALICE 58657
LAVEY KEITH 53313
LUSK MARY 51681
MARTIN GERARD 82000
HUKEE JEANNE 45000
WARNER HEIDI 44285
MOSKOV DAVID 52040
BURKE IAN 42026
RHINEHART SARAH 42158
GILMORE WILLIAM 42150
THOMPSON TANYA 46615
BIRCHARD JASON 48054
KINNEY VICTORIA 46006
ANGIER MARK 48266
RIELLY DEBORAH 51781
HERNANDEZ ELIEZER 48313
HARRIS KRISTINE 51000
HANNAGAN JOSEPH 51127
GRANT REBECCA 44026
FUSCO ANDREA 50876
SAWYER DIANE 68747
FISSELBRAND DAVID 45032
FERRARA JOHN 49492
FENNESSY ALLISON 47794
OLIVER DAVID 65205
STOMPS STEPHEN 63009
DARROW DONALD 64415
HOLMES CHARLENE 47040
PEARSALL KENNETH 56500
HONCHARSKI BARBARA 64671
OLIVERCARR JEANNETT48074
KENT HEATHER 43507
CROSBY STEVEN 57307
CHAMPION THOMAS 80000
INFANTE JESSE 45101
IZZO THOMAS 52299
MUELLER MEGAN 43973
COYE JUDITH 51991
OLSZEWSKI JOHN 54339
FEDORCHUK MICHAEL 69400
SCHEFFLER JANET 49745
HERRLING JUSTIN 44026
KATOVITCH DALE 66331
SCHMIDT THOMAS 51127
MOSKOV MATTHEW 48000
NELLENBACK GAIL 52443
JACOBS DIANA 52159
SULLIVAN MICHAEL 50876
BISIGNANO SARAH 42200
AUSTIN KATHLEEN 51883
HOSKINSTARDIB CHRISTINE59850
MORAN MEGAN 46200
SPIN AMY 39000
MARTELLARO JESSICA 33142

And how do gym "teachers" make 1-1/2 times more than real teacher!!!

Let Peterson start the cutting process here! "

movedsouth wrote on Nov 18, 2008 6:36 PM:

" If the contract states they get paid early, PAY THEM EARLY! "

stevedallas wrote on Nov 18, 2008 4:16 PM:

" Wish I could get my pay check almost 2 weeks early! "

FREBUS49 wrote on Nov 18, 2008 3:30 PM:

" They work 187 days per year and get better benefits than than people in private industry.
Years ago teachers were given great benefits ,medical, retirement etc to make up for the lack of income. Today most teachers with over 10 years make over $50,000 per year. They can spread there income over the summer if they wish.
There are many people with advanced degree's that do not make as much and certainly do not have the benefits that teachers have here.
When you speak of the poor teacher look to the southern states, where they make half of what they make here. "

carolc wrote on Nov 18, 2008 3:07 PM:

" Northcountry has no clue what teachers do have or do not have. Personal DAYS?? HA! VACATION?? HA! They don't GET paid for summer Sir. That's not a vaction. They only get paid for when they work, just like everyopne else. The contract needs to be followed whether JD likes it or not. Why does he antagonise the teachers? Why does the Board let him get away with it? Are teachers not valued in this community? "

info wrote on Nov 18, 2008 2:33 PM:

" There are 21 pay poeriod for teachers. There is one month each year that has three checks. This year it will either be December by contract or January by administrative fiat. The teachers will receive two checks in December and two cheks in January, the additional check is the annual 'extra check.' I don't think they will be whining, while waiting; but I do think many have planned to use the 21st check for the holidays and should receive it as planned.I think every one would rather pay with money in hand than with credit cards. "

Northcountry wrote on Nov 18, 2008 2:26 PM:

" True, teachers do work hard, put in extra hours, help children in ways we can only imagine. However, there are many individuals who have also spent thousands on their education, put in the extra hours, and go above and beyond whatever their job may entail. These individuals do not have all of the benefits teachers have - i.e., extra personal days (even though there are Christmas, winter, spring and summer vacations) throughout the school year, they do not pay what others have to contribute toward their healthcare costs, and let's not forget about that guaranteed pension. We spend more in tax dollars for their benefits than we do on our children's educations. You won't see many teachers giving up their stipends or annual salary increases during these bad economic times. "

whatever wrote on Nov 18, 2008 12:58 PM:

" why would you want to have additional pay added on to your w2 and pay tax on it in the year it isn't earned? and why would you want to wait for your next check until 1/14. they'll be crying when 1/2/09 comes around and all their money is spent before 1/1/09 and they wait until 1/14 for the next check. get real "

quest wrote on Nov 18, 2008 12:52 PM:

" Section 4.2 of the ATA contract clearly states: In the event that a paycheck falls due on a nonschool day, it shall be made available on the last official day preceding this date.

If the teachers do get paid before Xmas, wouldn't that be a good thing for our community where we want to SPEND the MONEY! I mean retailers are hurting right? "

pentangelli wrote on Nov 18, 2008 12:33 PM:

" James_13021:
It's obvious that you are a eunuch (education-wise). Kindly remove your cranium from the seat of your pants and realize A DEAL IS A DEAL.The contract says they get the pay, so give it to them. You need the reality check, pal. Think of the worst day you've had with your child and his/her attitude.NOW mulitiply by 20, you now have an inkling of a teachers day. "

MaryLS wrote on Nov 18, 2008 10:40 AM:

" This is unnecessary conflict on the part of Mr. Pabis. These are salaried employees and the district needs to stick to the payment schedule that has been agreed on through the contract. If this was a problem for the district it should have been discussed at the time the contract was negotiated. Mr. Pabis continues to do a disservice to this district by being atagonistic. In May he challenged the voters and now the ATA. The Board needs to review his abilities. "

saraqsfan wrote on Nov 18, 2008 9:28 AM:

" Anyone who thinks that teachers are overpaid is more than welcome to take a tour of duty behind MY desk for a day. I am willing to bet that you would RUN out the door at the end of the school day. Teachers work long hours trying to educate kids who are do not come to school ready to learn, have behavioral issues, or rarely show up at all. Don't even get me started on the parents that don't want to be accountable for anything either. I did not spend five years and countless THOUSANDS of dollars learning how to BE a teacher so that I could mediate fights in the hallway, classroom, bathroom, and/or parking lot. I DO spend many hours of my day counseling kids, encouraging kids and reinforcing social and moral issues that SHOULD be addressed in the home. I also spend a good deal of my own money for educational aids that make my teaching more effective. I attend conferences, I supervise extra curricular events and there are many evenings when I spend HOURS on the phone trying to get in touch with parents of my students. Like it or not, in general, you pay the person who takes your TRASH away each week, more than you pay the person that prepares your child life in an ever changing world. And you don't hassle city government workers HALF as much as you hassle teachers. The next time you want to complain about what schools do or don't do, put your money where your MOUTH is and spend a few hours in your local school. (And I don't mean recess or lunch time either)

We are not all perfect educators, but a large percentage of us MORE than earn what we are paid. "

anonymous wrote on Nov 18, 2008 8:09 AM:

" The contract language is clear, and this seems to be the work of someone with a Napolean Complex.

They must honor the contract, not make unilateral changes as they see fit. Why would the Administration want to go to war over something as superficial as this.

And as the reason for not following the Contract and the Past Practice, these idiots are going to point to a ruling made over forty years ago which they have NEVER FOLLOWED BEFORE??? "

longboard315 wrote on Nov 18, 2008 7:06 AM:

" Whats wrong with their request James? Wouldnt you want to get paid before the holidays? You and the rest of the ignorant bafoons around Auburn think teachers have it made....hahaha! Believe me, they are NOT taking home killer paychecks....and for all the extra education / degrees one must posess to teach, in the REAL WORLD they would / could be making ALOT more money. You want to look @ whose getting PAID....look no further than the Auburn Prison. Ask a CO what they take home in OT? "

james_13021 wrote on Nov 18, 2008 5:32 AM:

" So what, teachers can't use Credit Cards like the rest of us.

Teachers need a real dose of reality to see what really goes on with the rest of the world.

GO GET EM COMPTROLLER!!!

I can't wait to see what our legislators come up with cutacks. We need to renegotiate the teachers contract, and cutback benefits to what the rest of the real world pays. "

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