Fact Finding Report 11-5-09

Fact Finding Report
Northwestern Lehigh School Board

November 5, 2009

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

SUMMARY INTRODUCTORY LETTER FOR FACT FINDING
The Board of School Directors of the Northwestern Lehigh School District wishes to thank the Association
for their work with the students in the Northwestern Lehigh School District. The Board recognizes the
Association’s 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 accomplishments
of the District. We value the hard work of all our employees and are acutely aware of the many challenges
facing our District and public education in general.
The Board believes this economic recession combined with the lack of commercial growth and now lack of
residential growth in the District will make it very difficult for the District to keep pace with the county
average for all employee salaries now and in the future. The Board expects the District will probably
continue to have lower employee salaries than many of the other districts in Lehigh County that have much
stronger commercial property tax bases.
The following are some very specific concerns the Board is currently managing that have an impact on
increased 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 of
Labor & Statistics as of June 2009)
o Less growth in EIT than expected and budgeted in 08/09. Expecting a base decrease in 09/10
as a result of unemployment and pay cuts (data from EIT office)
o Freezes/reductions in pay rates
o Increases in employee contributions towards health coverage
o Losses in 401(k) and other retirement plan investments and overall decline in interest earnings
o Increased costs of products as a result of the poor economy
o 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 community’s retirees on
Social 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 District’s 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 District

There are 4,092 preferentially taxed parcels in Lehigh County as a result of Acts 319 and 515 and 2,046 or
50% of them are in Northwestern Lehigh. The taxable assessed value for these properties is approximately
38.5% 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 no
subsidies to offset this loss in real estate taxes.

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 projected
increases 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 possible
and we hope the Association can recognize the extreme nature of the financial challenges the School Board
and District are facing at this time.
Thank you.

SCHOOL BOARD REPORT FOR FACT FINDING
ANALYSIS 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 the
Northwestern Lehigh School Board (the “Board”) as the bargaining agent for the District’s professional
employees or “members” comprised of librarians, nurses, guidance counselors, and classroom teachers, being
those employees properly included in a bargaining unit as defined in the Pennsylvania Public Employees
Bargaining Law (“Act 195”), as amended from time to time, providing for collective bargaining for public
employees.
Both parties agree that this Agreement shall set forth the terms and conditions to which each party agrees to be
bound, and that this Agreement has been reached voluntarily without undue or unlawful coercion or force by
either 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 as
“member” throughout the CBA to establish continuity and clarity in the CBA.

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 June
30, 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 shall
signify 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 current
recession combined with the following factors:
• Major uncertainty in rising costs for PSERS from 2009-2010 to 2010-2011 will be a 76% increase in the
percentage 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 District’s local revenue sources of:
o Real estate assessed values
o Real estate transfer taxes
o Earned income taxes
o Interest income
• The current economy and State Budget development has also led the Board to believe that State and Federal
revenues 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

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 of
this Agreement to which the parties have agreed, the Association pledges that members shall not engage in a
strike (as that term is defined in Act 195) during the term of this Agreement, and the District pledges that it will
not conduct, or cause to be conducted, a lock-out during the term of this Agreement.
Board Rationale:
No changes to the current agreement

Article IV. NONDISCRIMINATION CLAUSE
IV. NONDISCRIMINATION CLAUSE
The School District and the Association agree that they will not discriminate against any member on the basis
of race, creed, color, national origin, sex, age, marital status, religious beliefs, political activities, qualified
handicaps or participation in the affairs of the Association for the term of this Agreement. This clause is not
subject to the grievance/arbitration section of this contract.
Board Rationale:

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 Association
and the Northwestern Lehigh School Board.
NORTHWESTERN LEHIGH SCHOOL BOARD
By: ______________________________________
President
NORTHWESTERN LEHIGH EDUCATION ASSOCIATION
By: _______________________________________
President
Board Rationale:
No change in language. Date change will occur once new CBA is agreed upon.

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 a
group of Bargaining Unit Members that are represented by the Association or the Association itself
when there has been to him/her, or them, a violation of any of the provisions of the Agreement
between 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 alleging
a misinterpretation or misapplication of the provisions of this collective bargaining agreement with
association representation.
Board Rationale:
Change in language to correct typographical error. Aggrieved does not need to be capitalized.

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 term
“days” 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 member
of the Association.
Board Rationale:
Additional language to clarify the actual days that will be counted when utilizing the grievance procedure.

Section B1
B. GENERAL PROCEDURES
1. The parties agree to an orderly and expeditious resolution to a grievance arising from the
application and interpretation of the terms and conditions of this Agreement. A five (5) step
process for the disposition of a grievance is outlined below.
Board Rationale:
These edits serve the purpose to clarify the grievance procedure.

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 to
the end of the school term or as soon thereafter as is practicable before the last member workday of
the 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.

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 all
levels of the appeals, then said grievance shall be resolved in the new school year, beginning with
the first member work day under the terms of this Agreement and this article, and not under any
succeeding 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.

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. Annual
notification of the four (4) Committee members with identification of the chairperson, will be
presented 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 Association
Officers 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 Representative,
and Susanne Meixsell, Superintendent on November 2, 2009

Section C1
C. STEPS:
1. Step 1:
The “aggrieved” Bargaining Unit Member, with his/her representative, will first document
their grievance on the required Step 1 form and discuss his/her grievance concern with his/her
appropriate Principal/Supervisor or Administrator within ten (10) days of its occurrence with
the objective of resolving the matter informally. The meeting to discuss the grievance concern
must be held within five (5) days of filing the grievance. The Principal/Supervisor or
Administrator 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 is
filed 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.

Section C2
2. Step 2:
If Step 1 fails to resolve the grievance to the member’s satisfaction, the member shall move
the grievance to Step 2 within ten (10) days following the receipt of the Prinicpal/Supervisor or
Administrator’s response. The formal grievance on the Step 2 form must be submitted to the
Director of Human Resources for formal processing of the grievance; including date stamp and
delivery of the grievance form to the Principal/Supervisor or Administrator. The Director of
Human Resources will be responsible for informing all parties of the time frame requirements
associated with processing the grievance.
The Principal/Supervisor or Administrator shall reply with a written response on the standard
grievance 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.

Section C3
3. Step 3:
If Step 2 fails to resolve the grievance to the member’s satisfaction, the member must submit a
formal written grievance appeal of the decision on the Step 3 form to the Superintendent within
ten (10) days following the receipt of the Principal/Supervisor or Administrator’s written
response. The appeal shall include a copy of all documents dealing with said grievance, the
grievance form, and the grounds for regarding the decision as incorrect. The formal written
grievance appeal must be submitted 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 of Human Resources will be responsible for informing all parties
of 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 the
appeal hearing shall be given at least five (5) school days prior to the hearing to the aggrieved
Bargaining Unit Member and the Association. An official of the Association will be present at
the hearing.
Within ten (10) school days of hearing the appeal, the Superintendent or designee shall
communicate to the aggrieved Bargaining Unit Member and the Association his/her written
decision with supporting reasons.
Initiation of Group Grievance: When the Association or Bargaining Unit Members in one or
more 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 a
group grievance by proceeding immediately to Step 3 with the grievance being addressed to
the Superintendent within ten (10) days of its occurrence. The formal grievance form must be
submitted 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 of
Human Resources will be responsible for informing all parties of the time frame requirements
associated with processing the grievance.
Board Rationale:
To add identifiable steps the to grievance procedure.

Section C4
4. Step 4:
If Step 3 fails to resolve the grievance to the member’s satisfaction, the member must address
a formal, written appeal of the Step 3 decision to the Northwestern Lehigh School Board of
Directors’ 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 for
formal processing of the grievance; including date stamp and delivery of the grievance form to
the School Board and the Superintendent. The Director of Human Resources will be
responsible for informing all parties of the time frame requirements associated with processing
the grievance.
The Board of School Directors, at its next regularly scheduled Board meeting shall hold a
hearing 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.

Section C5a
5. Step 5:
a. If Step 4 fails to resolve the grievance to the
satisfaction of the affected party or parties, the Association may make a written request for
binding arbitration on the Step 5 form as provided in Section 903 of Act 195 to the Bureau of
Mediation. If the grievance fails to meet the criteria of Section 903 of Act 195, the decision of
Step 4 shall be final. The proceedings shall be initiated by filing with the President and the
Secretary of the Board a notice of arbitration. The notice shall be filed within 30 (thirty) days
after receipt of the decision of the Employer under the Grievance Procedure.
Board Rationale:
To clarify the steps of the grievance procedure.

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 of
persons 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 not
add to nor subtract anything from the agreement between the parties. The decision of the
arbitrator shall be final and binding.
(3) The costs for the services of the arbitrator, including per diem expenses, if any, and actual
and necessary travel and subsistence expenses, and the cost of the hearing room other than a
District facility shall be borne equally by the District and the Association.
Board Rationale:

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 waiver
of any future appeal concerning the particular grievance. Failure of a Principal/Supervisor or
Administrator at any step to communicate his/her response to the member within the specified time
limits shall result in the grievance proceeding to the next step. All time limitations shall be measured
in District business days rather than school days beyond the end of the school year.
Board Rationale:

Section C3
E. Professional legal counsel costs, if any, will be borne by the party incurring such costs.
Board Rationale:

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 the
member desires to withdraw the grievance, the Association shall submit a written withdrawal request to
the person or body processing that step of the grievance. No further action or response will then be
required to that grievance.
Board Rationale:

Section G
G. The District shall provide the forms necessary to administer this grievance procedure.
Board Rationale:

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 of
PSEA or NEA, and transmit the deductions to the Association, provided the District’s Business
Administrator has been presented with cards signed by the individual members authorizing such
deductions 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 a
monthly basis.
3. The Association shall indemnify, defend, and hold the District harmless against any and all claims,
demands, suits, or other forms of liability that shall arise out of or by reason of action by the
District 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 Association
which shall submit the same to the District’s Business Administrator.
5. Payroll deduction authorization cards shall be printed at the expense of the Association and
presented to the District’s Business Administrator a minimum of seven (7) school days prior to the
first 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 the
same 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 the
Association at the time this Agreement is ratified or who, after becoming members thereof during
any year of the term of this Agreement, must retain their membership in the Association for the
balance of that year, provided that any such member(s) may resign from the Association during a
period of fifteen (15) school days prior to the expiration of this Agreement. It is the Association’s
responsibility to collect dues for those members who do not or will not sign payroll deduction
authorization cards.
Board Rationale:
Clarification in use of term “Business Administrator” to develop specific administrative accountability mechanism to
insure cards are received to support accurate deductions of dues from payroll checks.

Section B
B. NWLEA LEAVE
The District agrees to recognize the duly elected Officers of the Association and members of the
Association’s Representative Council. Annual notification of the Officers and Council members will be
presented to the Superintendent by September 15 of each school year. The identified individuals shall
be granted leave with pay to attend official functions of the PSEA or the NWLEA not to exceed a total
number of nine (9) school work days in each year of this agreement. No member as defined above
may use more than one-half of the allotted days, and no more than three (3) members may have leave
on the same day without permission of the Superintendent. The Association shall be responsible for
expenses incurred by its representative. The Association shall pay for the substitute required for all
leaves 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 District
Superintendent in order to insure appropriate communication structure with the current Association Officers and
Council Members.
Change of August 15 to September 15 per tentative agreement with Association of 4/16/09.

Section C
C. FAIR SHARE
1. Any member covered by this Agreement who is a member of the Association, or who joins the
Association during the term of this Agreement, shall remain a member of the Association for the
duration of this Agreement, provided that any such member may resign from the Association
during 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 required
to pay to the Association an amount equal to the fair share fee as defined in Act 84 of 1988. It is
understood that the District’s function for fair share collection shall be entirely ministerial.
3. Notwithstanding the provisions of Sections 1 and 2 above, any member covered by this Agreement
who is a member of and adheres to the established and traditional tenets or teachings of a bona fide
religious 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 the
union, a sum equal to the fair share fee to any of the following non-religious charitable
organizations which are exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code:
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 Foundation
4. 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 accordance
with the applicable provisions of Act 84 of 1988.
5. The Association shall indemnify and hold the District harmless from all claims, suits, judgments
including legal fees, costs, and expenses or from other forms of liability resulting from the
District’s compliance with this Article. The Association and the District agree to comply with all
requirements of law relevant to agency shop/fair share. Copies of all reports or documents filed
with the Secretary of Labor and Industry pursuant to agency shop law shall simultaneously be
given 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 of
this provision shall be stricken from this Agreement and in all other aspects this Agreement shall
be valid and continue in full force, effect, and operation.

Board Rationale:
The addition of the Northwestern Lehigh Educational Foundation reflects a mutual desire on the part of the District and
Association to include the NWLEF in the list of agreed upon charities.

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 a
written reprimand without just cause.
B. WAIVERS
The parties agree that all negotiable items have been discussed during the negotiations leading to this
Agreement, 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.

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 the
191 contract days.
New members hired for or during each school year will be scheduled five (5) additional days with all
days to be completed prior to the first staff day of the next school year. New members will be
returned 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 for
staff development, curriculum development, and /or special projects approved by the administration. These are the
eleven (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 accurately
reflects current practice.

Section D
D. SCHOOL DAY
The work day shall be seven (7) hours and thirty (30) minutes, including a thirty (30) minute duty-free
lunch period.
Board Rationale:
Clarification of language to define official work time of all CBA members.

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:

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 be
followed:
1. During the 2009-2010, 2010-2011 school years there shall be a minimum of eleven (11) full days
of in-service to include two (2) orientation days prior to the start of the student school year (which
may 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 the
student school year. The remaining eight (8) days shall be scheduled during the school year and
will include staff development activities and may include grade, department, building and District
curriculum development activities. The in-service days shall be planned in collaboration with the
District’s Professional Development Council with the Administration having the final decision
making 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 per
year, 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 as
designated by the School Administration.
Board Rationale:
The edit of the school year dates reflect the Board’s 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 wishes
to 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 the
course of the school year.
The District is committed to planning in-service training in collaboration with the District’s Professional Development
Council which is comprised of members of the CBA per the Staff Development Plan through PDE’s requirements of
Strategic Planning.

Section G
G. LUMP SUM PAYMENT

All members (excluding long term substitutes) will be required to complete a lump sum request form
prior to the first day of employment. This form indicates the member’s election to receive either the 12-
month payment option or the 12-month payment option with lump sum payment in June. The election
is irrevocable for the identified school year and will remain in effect until the member changes their
election prior to the beginning of the following school year. The District shall distribute such checks
to each member on the last pay date of June, dated for that pay date.
Board Rationale:
Edits to this language reflect the District’s required adherence to new IRS regulations 409A regarding constructive
receipt effective for the 2008-2009 school year and beyond.

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 states
his/her salary for that school year, the number of unused sick days accumulated, including the newly
posted days and the number of personal days accumulated including the newly posted days. Members
on leave will receive the record when returning to active employment.
Board Rationale:
This language clarifies the District’s current practice.

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

Section I2
2. Absence with pay may be granted to members for the purpose of enrichment of the member in
performing duties which may be beneficial to, or in the service of, the District. Upon application
and approval of the Superintendent, the District shall provide reimbursement for expenses (meals
and lodging based on the current District Standard Daily Rate Allowance) incurred while attending
such programs. Professional absence programs are defined as those educational workshops,
conferences, and meetings that are within the scope of the member’s field of certification and
assignment. Travel to such programs involving the use of an member’s personal automobile shall
be reimbursed at the current allowable rate established by the IRS. This mileage rate shall apply
when other means of transportation are used as well unless the other means of transportation is less
expensive. In that case, the District shall reimburse the lesser amount.
Board Rationale:

Section J
J. PARTICIPATION IN DISTRICT NEGOTIATIONS, HEARINGS, LEGAL MEETINGS
Whenever any member is required by the School Board or Superintendent to participate during
working hours in negotiations, grievance proceedings, conferences, or meetings, he/she shall suffer no
loss of pay. Whenever any member is a necessary witness in any unfair labor practice proceedings
before the Pennsylvania Labor Relations Board associated with the District and initiated by the
member, he/she shall suffer no loss in pay for working time missed due to testifying in and traveling to
and from said proceedings on the day or days in which the teacher is required to testify.
Board Rationale:

Section K
K FRACTIONAL OR PERCENTAGE CONTRACTS
1. Fractional or percentage contracts will be established based on program, student and District needs.
Fractional or percentage contracts equal to or greater than 50% will receive limited benefits and the
value of the benefits will be a pro-rated based on the fractional or percentage value of their
contract. 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. The
following 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 instead
of a fractional or percentage day.
Working less than 5 days a week:

Salary on Schedule x % of contract = salary/year
180 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-service
days.
Board Rationale:
The Board proposes this language to clarify and provide the specific determination of how fractional or percentage
contracts receive compensation, outline work schedules, and participate in in-service days.
1.) This language reflects the District’s 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, personal
days, 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 for
consistency in application.

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-time
members with contracts of 50% or greater, the then current Lehigh County health insurance consortium
medical insurances options defined below with corresponding coverages, deductibles, co-pays and
member contributions for the selected plan. The District medical insurances are provided as a package
and members electing medical insurance are enrolled to receive health, prescription and dental
coverages. The Association understands and agrees that any and all changes unilaterally implemented
by the medical insurance carrier, prescription drug carrier, and/or dental insurance carrier will be
accepted immediately and incorporated into the current Collective Bargaining Agreement and not
subject to the grievance procedure. In the event the Lehigh County health insurance consortium
dissolves 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 implement
a state-wide health insurance program. The District shall have the right to change insurance carriers or
become 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 the
percentage differential between a 100% contract and their percentage contract as a member
contribution for the elected medical benefits.
Board Rationale:
The language provides clarification of providing medical insurance to part-time members (members working equal to
or greater than 50% but less than 100%). The member contributions for part-time members were previously the same
as 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 District
paying 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 changes
implemented by the consortium’s 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 plans
set 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-insured
health plan with equivalent coverages and co-pays.

Section A1
1. HEALTH
a. “Classic Indemnification” health insurance coverage, currently Highmark Blue Shield , for
physicians, hospitalization and major medical coverage, with $250 deductible for the
individual member and $750 deductible for family and 80% coverage for the next $1,750, and
100% thereafter, shall be provided by the District for each member and his/her immediate
family, including dependent children who qualify as full-time students until the attainment of
twenty-three (23) years of age.
Full-time members selecting this plan shall be required to contribute 12% of the annual
premium 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 the
District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments
for the 2010-2011 year.
b. A “PPO A” health insurance plan for physicians, hospitalization and major medical
coverage with $0 deductible and $10 office visit co-pay for in-network providers shall be
provided by the District for each member and his/her immediate family, including dependent
children 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 annual
premium 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 the
District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll payments
for the 2010-2011 year.
c. A “PPO B” health insurance plan for physicians, hospitalization and major medical
coverage with a $250 deductible for individual and $500 deductible for family and $15 office
visit co-pay for in-network providers shall be provided by the District for each member and
his/her immediate family, including dependent children 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 5% of the annual premium
paid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll
payments for the 2009-2010 year and 7% of the annual premium paid by the District to
Highmark 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 medical
coverage with a $500 deductible for individual and $1,000 deductible for family and $20 office
visit co-pay for in-network providers shall be provided by the District for each member and
his/her immediate family, including dependent children 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 2% of the annual premium
paid by the District to Highmark Blue Shield deducted over twenty-six (26) bi-weekly payroll
payments for the 2009-2010 year and 4% of the annual premium paid by the District to

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 present
“Classic/Indemnification” health plan as well as three (3) new PPO options. The description for each option sets forth
the level of coverages, deductibles, co-pays, office visit payments, and age limit for dependents. The member will be
able to select a health plan that will address their medical utilization. The plan options will provide for reduced member
contributions 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 the
District. The member contribution will be annualized and withheld over 26 bi-weekly payroll deductions. Spreading
the member contribution over all pays will levelize the member’s net payroll check and facilitate personal budgeting.
These changes in the health insurance coverages are needed to address the significant and sustained increases in health
care costs. As these costs continue to increase, it is appropriate for members to contribute a proportionate amount
towards the cost of the benefits received. In previous contracts, the District defined only two levels of member
contributions (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 of
the actual premium for the selected coverage. For example, the member selecting “parent & child” coverage will not be
contributing based on the higher premium charged for “family coverage.” Additionally, the District identified a fixed
amount for the member contribution for the elected level of coverage in advance of actually knowing the amount of the
premiums. It is appropriate for the member contribution to parallel the known premium costs rather than try to estimate
the future cost increase.
The District’s 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%. As
the District’s costs are driven by the plan coverages, administrative costs and claims paid, it is impossible to know the
District’s future health insurance costs. Aligning the member contributions with the actual premiums will allow the
member contribution to fluctuate with the District’s costs. Understanding the impact of claims paid to the District’s
health insurance costs will incent the member to proactively participate in managing choices impacting their overall
health and medical utilization. Offering a variety of health plans will allow members to participate in the benefits of
managing their health and wellness.
The District must operate within the constraints imposed by Act 1, specifically that the District is limited in the amount
of increase in real estate tax millage. Since this limited millage increase results in a finite increase in the amount of
local real estate tax revenue, health insurance cost increases greater than the proportionate amount of millage increase
can 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 reduced
without negatively impacting the quality of the educational program and operational services provided at Northwestern
Lehigh School District.
See Appendix R-1 through R-6 and E-1 through E-5 for estimated changes in District revenues and expenditures.

Section A2
2. PRESCRIPTIONS
During the term of this Agreement, the District shall make available the then current Lehigh
County health consortium prescription insurance options defined below with corresponding
coverages and co pays.
Retail Retail Retail Mail Brand Mail Mail

Brand Brand Generic Non- Brand Generic
Non- Formulary Formulary Formulary
Formulary
$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 both
options. This choice allows members to select either a formulary or non-formulary brand name drug or a generic
equivalent. Formulary brand drugs are a preferred list of drugs which are medically effective and payable at a lower co
pay. Non-formulary brand drugs are not included on the formulary list. Utilization of a formulary brand prescription
will result in a reduction of the amount paid by the member from their current retail brand co pay. This three tiered
choice will also help minimize the increasing health care costs associated with the prescription coverage. The increase
in the mail co pays will align the cost of the retail drugs for a 30 day supply with the 90 day supply received through the
mail.
Members with contracts of 50% or greater and less than 100% contract will be required to pay the differential between
a 100% contract and their percentage contract as a member contribution for the elected medical (health, prescription,
and dental) benefits.

Section A3
3. DENTAL
The District shall provide dental coverage, currently United Concordia, through the then
current Lehigh County health consortium standard health insurance coverage for full-time
members and his/her immediate family. The dental coverage is part of the medical insurance
package.
Board Rationale:
The language clarifies that dental coverage is included in the medical insurance package and that full-time
members and their immediate family will be offered coverage. Part-time members (members with contracts
equal to or greater than 50% and less than 100%) will be responsible for contributing the difference between
100% and the percentage contract consistent with IX. A.

Section A4
Board Rationale:
This section was eliminated as the Board is proposing implementation of a member contribution that is determined by
the amount of premium cost for the plan and coverage selected. The Board is proposing that the member contributions
are 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.

Section A5
4. For the health, prescription and dental coverage stated above where a spouse is
employed 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 member
contribution defined above. The District shall make available for any spouse who incurs a loss
of money due to this coverage a noncumulative total sum of $2,000 during any one year. The
District shall allocate these fund dollars for each school year effective July 1, on the first
applied, first paid basis. There shall be no reimbursement to any member of the bargaining
unit who shall apply after the $2,000 fund for that year has been exhausted.
Board Rationale:
The language clarification reflects the District’s current practice.

Section A6
5. DISABILITY INSURANCE
The 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 or
following the cessation of sick leave, whichever comes later, providing payment of 66 2/3% of
the base salary up to a maximum of $2,700 a month for the term of this agreement until age
sixty-five (65), less all applicable offsets defined by the Insurance Carrier. No members shall
receive both sick leave payments from the District and disability benefits from the Insurance
Carrier in the application of the LTD insurance. In the event of such duplication, the member
shall render the disability payments which represent duplication to the District.
Board Rationale:

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 and
accidental death and dismemberment policy in the amount of $45,000 or the member’s annual
salary, 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. For
members with a salary less than $45,000, the District proposes providing coverage equal to the member’s salary.

Section A8

7. 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 for
the 2009-2010 and 2010-2011 school years for an examination by a licensed vision care
practitioner and/or for a change of lenses.
The District shall allocate the vision care fund dollars for each school year effective July 1 on
the first-applied first-paid basis. There shall be no reimbursement to any member of the
Association who shall apply after the fund for that year has been exhausted. An itemized proof
of payment must be submitted to the Business Administrator for reimbursement. All requests
for reimbursement must be submitted no later than August 1 following the end of the school
year.
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 year
must be processed for payment within 60 days to comply with governmental generally accepted accounting principles.

Section A9
. .
Board Rationale:
This section was eliminated to comply with the provisions of the Mental Health Parity Act.

Section B
B. TUITION REIMBURSEMENT
The District shall reimburse a member of the Association for additional college credits earned as
follows:
1. The course or courses shall be approved by the applicable Principal/Supervisor, and the
Superintendent 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 June
30).
3. When a memberis on Board approved professional development leave for educational study, a
maximum 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 member’s 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 Superintendent
no 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. The
rate 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 for
tuition reimbursement during their leave.

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 District’s resources
to 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 the
expense in the appropriate fiscal year. All expenditures for each school year must be processed for payment within 60
days 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 the
member contributions are addressed in IX.A.
9. Language reflects current practice.

Article X. LEAVES OF ABSENCE
Section 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 the
member, confirmed by the Principal/Supervisor, and forwarded to the Business Administrator
by June 1 for processing for the first pay in July. At retirement, a member’s unused personal
days 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 and
submitted 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 an
emergency situation, the personal day can be arranged by the member calling the substitute
coordinator and communicating the need. Upon return, the required absence forms shall be
completed by the member and processed.
Board Rationale:
Language changes clarify current practices specifying that the appropriate form and procedures be consistently
followed. The language also eliminates the need to identify the reason for the absence or explanation on the absence
form.

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 this
agreement, no exceptions will be made to the conditions of this article, and no attempts will be
made 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 any
building for extended sick leave, personal, and/or unpaid days on any given day. The use of
personal or unpaid days shall not be permitted during the first or last five (5) student days of the
school 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 the
school year. This is needed to provide for consistency during a critical time period of development of relationships
with students, establishing routines and setting standards for the year, as well as summative assessments, determination
of final grades, and closure to the school year.

Section 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 disability
benefits will continue.

Section B
B. BEREAVEMENT LEAVE:
Members will receive bereavement time for the loss of the member’s immediate family member or a
relative of the member as outlined below. The member will receive their regular full day pay when
utilizing Bereavement Leave.
Three (3) For death of immediate family, as defined in Section 1154(b) of the
days Pennsylvania School Code; father, mother, brother, sister, son, daughter,
husband, wife, parent-in-law or near relative who resides in the same
household, or any person with whom the employee has made his/her
home.
One (1) For the death of a near relative, as defined in Section 1154(c) of the
day Pennsylvania School Code; first cousin, grandfather, grandmother, aunt,
uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-law or
sister-in-law.
Board Rationale:
This section documents bereavement leave consistent with the Pennsylvania School Code. Added for informational
purposes only, not a change to current practice.

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 physician’s statement in writing certifying the
disability 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 after
the birth of the child(ren).
Board Rationale:
Language clarifies that the child rearing leave begins with the birth of the child(ren).

Section C2
2. Pregnancy Disability Leave
a. Any member desiring a disability leave shall request such leave to the Director of Human
Resources at the earliest possible time. The disability leave shall begin on a date determined
jointly by the member’s physician and the member.
However, if disability occurs due to unforeseen circumstances, no advanced notification is
required for disability--only for the tentative return to work after disability. The member may
return to work based on her ability to perform all required duties upon receipt of written
certification from the physician.
b. The member on paid disability leave shall receive full pay with all benefits in accordance
with the contract. The number of paid disability days is in accordance with the accumulated
sick leave days. The use of such sick leave may require the member to execute and return to
the District the sick leave form including the physician’s statement certifying the disability.
c. If a miscarriage or loss of the child occurs during disability leave, the member shall have
the option of returning to work at a time determined by the physician and coordinated between
the member and the Director of Human Resources.
d. After the paid disability leave is completed, the member has the right to request unpaid
child rearing leave. Child rearing leave commences with the date of the birth. The leave then
must 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 related
information in a confidential manner.
c. The physician’s certification of the member’s ability to perform their duties will establish the return date for
coordination of payroll and benefits.
d. The changes clarify language to reflect current practice.

Section 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 rating
period. Child rearing leave shall not exceed eighteen (18) calendar months (not working
months) unless agreed upon by the Administration and member. Leave for childrearing must
end within 18 months after the birth, or in the case of adoption, placement of the child. In no
case will childrearing leave be granted for children who have reached their fifth birthday. The
leave must terminate at the beginning of the 9 week grading period prior to the child turning 5
years of age.
b. A written request for child rearing leave must be made to the Director of Human Resources
at least thirty (30) calendar days prior to beginning the leave. The notice shall also state the
time 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 of
the child occurs during the leave, the member shall be entitled to return to employment at a
time 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 a
position of like status and pay. The member shall advance on the pay scale without loss of
seniority if the leave is for two (2) nine-week grading periods or less and in all other aspects be
accorded all rights and benefits of a member of the District.
e. The District shall permit a member to purchase health benefits through COBRA and qualify
for 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 leave
as granted herein to a natural parent. The member shall notify the Director of Human
Resources in writing at the earliest possible time of his/her intent to adopt. Taking possession
of a child leading to a decree of adoption shall qualify as a proper time for the commencement
of the child rearing leave.
Board Rationale:
The Director of Human Resources will help facilitate all benefit changes for the member and maintain health related
information in a confidential manner.
e. Language clarification to reflect current practice and compliance with COBRA provisions.

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 their
step as outlined in Appendix A Salary Schedule. During the term of this Agreement, counselors
may be asked to provide summer service up to a maximum of twenty (20) work days, and shall be
paid on a per diem basis for days worked.
2. The Bachelor’s Plus 24 credit hours salary scheduled is defined as a Bachelor’s Degree plus 24
additional credits--either undergraduate or graduate. The Master’s plus 24 credit hours salary
scheduled is defined as an earned Master’s degree or its stated certified equivalent, plus the
designated number of credits earned after earning the Masters or its equivalent but not required to
attaining that degree.
3. For any member hired after July 1, 1993, an earned Master’s degree (not equivalency) is required
for movement to the Master’s column and beyond on the salary schedule, and additional credits to
be counted for movement on the salary schedule shall be earned after the Master’s degree.
Board Rationale:
No changes to the current agreement.

Section B1
B. RETIREMENT SEVERANCE
Any member of the Bargaining Unit with twenty-five (25) years or more of credited teaching service with PSERS
and fifteen (15) or more years of service in the Northwestern Lehigh School Board; and upon written notice to the
Director of Human Resources no later than December 15 indicating his/her intention to retire, shall be eligible for
the following retirement severance benefits relevant to the member’s 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) contribution
according to the following conversion chart:
Number of Unused 2009-2010 and

Sick Days 2010-2011
Rate per day
0-50.5 $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 month
following the month of retirement.
Board Rationale:
B. The change in the date of notification is proposed due to the budget preparation deadlines established by the
enactment of Act 1.
B.1.a. Language reflects the continuation of the current conversion for the term of the CBA.

Section B2
2. Medical Benefits Conversion Formula:
a. Medical insurance will be provided by the District from available insurance dollars utilizing
the following chart for eligible retirees.
Year of Credited PSERS Service Available Insurance Dollars

2009-2010 & 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 those
retirees otherwise covered in Section e.) an opportunity to acquire the then current “PPO C”
medical 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 individual
deductible and $2,000 family deductible for out-of-network providers, until the member
qualifies for Medicare or the exhaustion of the retiree’s available insurance dollars. Coverage
shall begin immediately upon retirement and be continuous until the specified available
insurance dollars are exhausted. It is expressly understood that any changes with regards to
medical coverage shall apply to all retirees regardless of when they became eligible for retiree
medical benefits. After the exhaustion of the available insurance dollars and if the retiree is
still eligible for Act 43 benefits, the retiree will be able to purchase the then current “PPO C”
medical insurance plan retirement medical insurance package with personal dollars. :
b. Retirees will be required to pay the then current monthly PSERS Insurance
Premium Assistance Rate to the District prior to the first of the month for which insurance
coverage is provided. If the District does not receive the premium assistance payment by the
tenth of the month for which the insurance coverage is provided, a $25 late charge will be
deducted from the retiree’s available insurance dollars and if not received by the end of the
month, the premium assistance amount will be deducted from the retiree’s available insurance
dollars.
c. After submitting the premium assistance determined amount to the District, it will be the
retiree’s 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, or
when there is a change in family status, through the District with personal dollars (not retiree
available insurance dollars). Payment for spousal/dependent coverage is required to be made
to the District prior to the first of the month for which the insurance coverage is provided. If

the District does not receive the payment for the spousal/dependent coverage by the tenth of
the month for which the insurance coverage is provided, a late charge of $25 will be added to
the required payment or the late charge will be deducted from the retiree’s available insurance
dollars if no payment is received.
Any retiree failing to make the required payment by the end of the month for which insurance
coverage is requested will have his/her spousal/dependent coverage terminated consistent with
COBRA guidelines.
e. The following process would apply in the event the retiree becomes eligible for Medicare
coverage before the exhaustion of the available insurance dollars. The retiree would be
required to enroll in both Medicare Part A and Part B. (The premium for Part B would be
deducted from the monthly Social Security payment as required by Medicare. The retiree
would then additionally receive the District paid supplemental group insurance coverage which
when combined with the Medicare coverage would provide the retiree with coverage
equivalent to the then current “PPO C” Medical insurance plan retirement medical insurance
package provided to retirees not receiving Medicare benefits. The cost of this supplemental
District paid coverage would be deducted from the retiree’s available insurance dollars.
f. In the event of the retiree’s death, any monies remaining in the available insurance dollars will
be forfeited.
g. The components of the Retirement Severance provision will expire on June 29, 2011.
Board Rationale:
a.) The chart has been updated to reflect the Board’s offer of a two-year agreement. The amounts remain
unchanged.
b.) All retirees will be offered the ‘PPO C” option with the identified features. This option provides quality
coverage and the length of time for medical coverage will be extended because of the difference in the monthly
premium amount from the currently offered “Classic/Indemnification” plan.
The District will begin this coverage at the beginning of the month immediately following retirement. This
language was added due to the impact to the GASB #45 (other post-employment benefit) liability. This actuarial
determined liability increases when older individuals are allowed to remain in the District’s health insurance plans
due to increased claims. Therefore it is necessary to implement the coverage at the beginning of the month
immediately following retirement to minimize the impact to the liability.
The language has eliminated the use of the “medical pot” and has substituted “available insurance dollars”.
Language has also been added to increase the amount of the late charge assessed against the
retiree’s available insurance dollars when the retiree has not paid the required medical contribution (reimbursed
through the PSERS Premium Assistance Plan).
d.) This comment was eliminated as the availability for continuation of health coverage under the
provisions of Act 43 was addressed under b.).
The re-lettered sections d.), e.), and f.) provide minor language edits and reference the offered “PPO C” plan.
g.) The language indicates that the Retirement Severance provisions will expire on June 29, 2011. Due to
the actuarially determined cost associated with post retirement benefits, the Board will evaluate its financial
capacity to continue to offer these benefits.

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.

Section D
D. PRINTING OF AGREEMENT
The District shall furnish and pay for the printing of this agreement to be given to each member within
twenty (20) working days following its formal approval.
Board Rationale:
Change of use of word “employer” to “District” to clarify.

SALARY SCHEDULES




Northwestern Lehigh School District
2009-2010 & 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 Board’s rationale for keeping the 2008-2009 salary schedule as is, with no
increases, 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.

APPENDIX B-1

INTERSCHOLASTIC 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 2703.59
Winter / 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 coach’s salary during the first two (2) years of
service. 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 will
receive 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 be
paid 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 District
will be made upon receipt of valid itemized expenses and upon approval of Principal and Director of
Activities. 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.

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 Principal

until all obligations have been fulfilled.
• Fall Season = Last pay in November

• Winter Season = First pay in March
• Spring Season = Last pay period in June
b. Coaches will receive pay when all obligations, uniforms, equipment, etc., have been
properly accounted for and returned to the Director of Activities. At this time, the
Director of Activities and the Principal will approve final payment of salaries.
Board Rationale:
The amounts remain unchanged per the economic challenges previously outlined.

APPENDIX B-2

EXTRA-CURRICULAR ACTIVITIES
1. COMPENSATION PLAN FOR EXTRA-CURRICULAR ACTIVITIES AS FOLLOWS:
ACTIVITY 2009-2010 &

2010-2011
HIGH SCHOOL DEPT. CHAIR
Business Education Dept. Head 2548.56
Language Arts Dept. Head 2548.56
Math Department Head 2548.56
Fine Arts Department Head 2548.56
Physical Educ. Dept. Head- 2548.56
Science Department Head 2548.56
Social Studies Department Head 2548.56
HIGH SCHOOL ADVISORS
AV Technology Coordinator 1969.18
Band Director 5137.52
Band Director, Jazz 892.89
Bandfront 2600.58
Bandfront, Asst. 1280.48
Chorus 2238.52
Class Advisors: Senior (2) 1498.34
Junior (2) 1047.93
Sophomore (2) 892.89
Credo 941.93
Debate Coach 2218.16
FBLA 941.93
FHA 941.93
National Honor Society 1695.17
Student Council 2671.58
Tiger Talk 2696.04
Yearbook 4439.90
Yearbook Business Manager 941.93
School Drama (Fall) Director 2703.61
Musical (Spring) Director 2703.61
Musical (Spring) Music Dir. 1668.04
Musical (Spring) Choreographer 1280.48
Musical (Spring) Art/Tech Dir 1280.48
Scholastic Scrimmage 1169.51
Indoor Twirling 2548.56
Indoor Twirling, Asst (60%) 1529.14

2009-2010 &
ACTIVITY 2010-2011
MIDDLE SCHOOL ADVISORS
Activity Manager 1085.17
Computer Coordinator 2480.36
Band, A ** 2756.31
Band, B ** 945.03
Chorus, A 1395.21
Chorus, B 1395.21
Drama 1345.62
Student Council 2302.56
Yearbook 1211.06
Subject Area Contact Person/LA 902.65
Subject Area Contact Person/M 902.65
Subject Area Contact Person/Sci 902.65
Subject Area Contact Person/SS 902.65
ACTIVITY 2009-2010 &

2010-2011
ELEMENTARY ADVISORS
Computer Coordinator (2) 2083.49
Subj. Area Contact Person/LA (2) 902.86
Subj. Area Contact Person/M (2) 902.86
Subj. Area Contact Person/SCI (2) 902.86
Subj. Area Contact Person/SS (2) 902.86
2. Extra-Curricular Stipends, 2009-2010, 2010-2011:
After-School Day Clubs--Each School Board-approved club will be sanctioned to operate at a minimum level
of ten (10) two-hour sessions per academic school year. “After school day” is defined as the end of the student
day.
3. Reimbursement for workshops/clinics, to include travel expenses, registration, meals,

etc., will be paid upon approval of the principal (mileage at IRS rate)
4. a. After school day clubs, activities, and intramurals are to be paid at a rate of
$35.00 per two-hour sessions.
b. Scorers, timers, and event chaperones are to be paid at $35.00 per event; $37.50 for
double-headers (ex., 1 varsity and 1 junior varsity contest).
c. Event sellers and collectors are to be paid at $32.50.
5. The job description for department heads now in existence will prevail. Any changes
in this job description will be reviewed with the Association as to its impact upon the
current negotiated stipend.

6. Stipends as listed on the appendix are to be paid per the following schedule:
• Last pay period in November

• First pay period in March
Last pay period in June--these checks will be held by the principals until all obligations have
been fulfilled.
Board Rationale:
The amounts remain unchanged per the economic challenges previously outlined.

RESPONSE TO THE LIST OF OPEN ISSUES FROM THE ASSOCIATION
Article II – Term of Agreement
The Board believes a 3-year agreement is inappropriate due to the volatile nature of the current economic conditions.
See a summary of this information on page 4 of the Board’s Fact Finding Report as well as specific data on Appendices
R-1 through R-6 and E-1 through E-5.
Salary Schedules
The costs associated with the Associations’ salary schedules are absolutely beyond the Board’s current or future ability
to pay based on the known revenue factors and costs of current educational programs.
The 4.9% increase is significantly beyond the Act 1 Index (2.9% unadjusted and 3.4% adjusted) for the 09-10 school
year. As the increase in the Act 1 Index is only applied to the current real estate taxes, the impact of the Index to the
total budget is less than 2%. This net increase in current real estate taxes when combined with all other revenue sources
must be equal to the total of all expenditure increases for the year. To the extent that other revenue sources do not equal
the Index and expenditures exceed the net Index, the District must reduce total expenditures to stay within the
limitations for tax millage increase imposed by Act 1. Additionally, the future Act 1 Index projections for 2010-2011
and beyond appear to be below the current 2.9% Index.
Eliminating a step from the salary schedule would immediately add to the total salary costs incurred by the District and
therefore require additional reductions in other District expenditures.
Regarding the additional columns, the Board already pays the added costs of the horizontal column movements on the
salary schedule over and above the negotiated salary changes. Additional columns to the salary schedule would add a
greater level of costs over and above what is already included in the negotiated salary schedule.
The Board fully supports teachers obtaining their Master’s Degree and corresponding Level 2 certification.
Furthermore, the Board is fully committed to local professional development programs developed in conjunction with
the District’s Professional Development Council and Strategic Planning Goals. The Board currently financially
supports teachers obtaining credits beyond their Master’s Degree with a MS+24 column even thought these credits are
not necessary for certification purposes. The District has limited resources and feels the available professional
development dollars are best focused on those members of the teaching staff working to attain their Master’s Degree
and Level 2 certification and the District’s own professional development programs.
Article IV – Nondiscrimination Clause

The language in the current CBA is already in compliance with the Equal Employment Opportunity Commission.
Additional language is not necessary.
Article VI – Grievance Procedure

The Board can agree with the Association’s request to present the names of those members serving on the Grievance
Committee to the Superintendent from the proposed August 15th deadline to September 15th of each year.
Article VII – Association Rights

The Board can agree to release time for the Association President for hall, bus, recess, and cafeteria duty. Homeroom
and first period are integral to the student educational day and the absences of the Association President from these
duties would negatively impact the student educational day.
The District’s Administration is responsible for developing the agendas for the New Employee Orientation Day and the
First Day In-service. The Association President is already invited to speak at these two (2) events. Incorporating
language into the Collective Bargaining Agreement regarding these two (2) events is not necessary and detracts from
the Administration’s management prerogatives to set these agendas to best meet the needs of all District employees.

Article VIII – Conditions of Employment
Teacher preparation time is meant for any and all duties associated with being a classroom teacher. Limiting these
duties to only those associated with self-directed preparation time would erode communication among teams of
teachers, time with the building principal, time needed for meeting with parents, as well as all other duties necessary for
a teacher to satisfactorily perform their job duties.

The Association’s proposal effectively limits the professional development days from 11 to 2. This proposal devalues
the importance of professional development and contradicts the many years of requests by the teaching staff and
particularly the Professional Development Council for additional professional development time. Holding only two (2)
professional development days per year would put the teachers of the Northwestern Lehigh School District at a distinct
professional disadvantage in appropriately educating our students by severely limiting their opportunities to grow
professionally.

The Board’s desire to maintain the current professional development rate of $27.50 per hour is reflective of the need to
be very conservative given the economic instabilities previously outlined in this document.
Article IX – Fringe Benefits

The Board’s proposal reflects the addition of three (3) PPO plans in addition to the “Classic/Indemnification health care
plan. Selection of the “PPO C” plan option results in a member contribution of 2% of the annual medical premium
costs for 2009-2010 and 4% of the annual medical premium costs for 2010-2011.

The District defines a fixed amount for life insurance coverage which is at $45,000. Given the District’s limited
resources, the Board feels the benefit of $45,000 is appropriate.

The District already offers a Section 125 Plan. Due to limited resources the Board does not have the financial ability to
increase the features of the current Section 125 Plan.

The District already offers a medical insurance benefit waiver through the Section 125 plan. The monthly opt out
payment is $75 or $900 per year. The District’s medical costs are a combination of paid claims for the users of the
health insurance and Highmark’s administrative expenses. Given that the member contributions are very low when
compared to private industry, a higher medical insurance benefit waiver will not result in the reduction of covered
members, but will rather increase the total payments to both Highmark and the members. These increased waiver fees
paid to the member can not offset the claims and administrative costs that will continue to be required to be paid to
Highmark.
Article X – Leaves of Absence

Members are currently provided three (3) days for personal or emergency reasons and these unused days are
cumulative. Increasing this benefit from three (3) to five (5) days (given the members work 191 days in a year) would
negatively impact the instructional program by increasing the number of days teachers are away from their students.
The Board feels three (3) days for personal or emergency reasons is an appropriate benefit.

The language in the current CBA reflects the benefit reflected in the School Code. The Board sees no reason to
increase this benefit through additional bereavement time when the employee may use personal time for this purpose as
well. Increasing this benefit would negatively impact the instructional program by increasing the number of days
teachers are away from their students.

The District attempts to hire Long Term Substitutes to fill vacancies for child rearing leaves. The decision to do so is
based on our experience that we are able to attract more highly qualified candidates for long term substitute positions
than for short term substitute positions. Long Term Substitutes work a minimum of one complete semester or more,
and in order to avoid duplication of services or expenses, the District needs the member to return at the beginning of a
marking period to facilitate proper scheduling.
Article XI – Salary Provisions

As District resources are limited, an increase in the conversation rate for unused sick days would be an additional
expense that is beyond the District’s ability to pay.
Due to the sharp increases projected in the cost of healthcare as well as the varied discussions about a State-Wide or
Federal system of health care, the District cannot absorb the additional costs associated with extending payment for
health care benefits until a member is Medicare eligible as requested in the Association’s proposal.
Since the District’s costs of health care are based upon a combination of paid claims for the users of the health
insurance and Highmark’s administrative expenses, there is a direct correlation of these increasing costs to health care
premiums resulting from extending the age of the covered participant. Extending the healthcare benefits will
significantly increase the District’s GASB #45 (other post-employment benefit) liability.
Article XI – Salary Provisions

The Board’s desire to maintain the current homebound rate of $27.50 per hour is reflective of the need to be very
conservative given the economic instabilities previously outlined in this document.
Appendix B-1
The Board’s desire to maintain the current coaching salaries is reflective of the need to be very conservative given the
economic instabilities previously outlined in this document.
.
Appendix B-2
The Board’s desire to maintain the current extra-curricular stipends is reflective of the need to be very conservative
given the economic instabilities previously outlined in this document.
.
Therapeutic Case Managers and Behavioral Interventionists

The Therapeutic Case Manager and Behavioral Interventionist, like all members, are valuable positions within the
entire complement of employees. These positions are specifically designed to support the work of the classroom
teachers in the emotional support classrooms. These positions do not require the same type of certification, experience,
or level of responsibility as classroom teachers. While the Board can support the addition of these positions to the
CBA, placing these positions on the salary schedule in the same manner as a classroom teacher is not commensurate
with the higher responsibilities associated with being a classroom teacher. The Board desires to establish a separate
salary scale and benefit level commensurate with the responsibilities of these positions.
The proceeding documents address all components of the Board’s position regarding their proposal for the Collective
Bargaining Agreement. The Board has provided documents identifying their rationale and supportive financial
evidence for each of their positions.


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Fact Finding Report 11-5-09

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Fact Finding Report

Northwestern Lehigh School Board

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

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

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

Current economic recession is creating the following impact:

Status of protected property in the District

Board Position: No modification

No changes to content of current agreement.

Board Position: Modify as follows

II. TERMS OF AGREEMENT

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

Board Position: No modification

III. NO STRIKE - NO LOCK-OUT PROVISION

No changes to the current agreement

Board Position: Modify as follows

IV. NONDISCRIMINATION CLAUSE

Board Position: Modify as follows

V. EFFECTIVE DATE AND SIGNATURE

NORTHWESTERN LEHIGH SCHOOL BOARD

NORTHWESTERN LEHIGH EDUCATION ASSOCIATION

Board Position: Modify as follows

VI. GRIEVANCE PROCEDURE

Board Position: Modify as follows

Board Position: Modify as follows

These edits serve the purpose to clarify the grievance procedure.

Board Position: Modify as follows

These edits serve the purpose to clarify the grievance procedure.

Board Position: Modify as follows

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

Board Position: Modify as follows

Change from use of word “employer” to “District” for clarification.

Board Position: Modify as follows

To add identifiable steps to the grievance procedure.

Supervisor can be an individual other than a Principal.

Edits to language are meant to clarify the process.

Board Position: Modify as follows

Supervisor can be an individual other than a Principal.

To add identifiable steps to the grievance procedure.

Board Position: Modify as follows

To add identifiable steps the to grievance procedure.

Board Position: Modify as follows

To add identifiable steps the to grievance procedure.

Board Position: Modify as follows

To clarify the steps of the grievance procedure.

Board Position: No Modification

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

No changes to content of current agreement.

Board Position: Modify as follows

Supervisor can be an individual other than a Principal.

Board Position: No modification

No changes to content of current agreement.

Board Position: Modify as follows

Board Position: No modification

No changes to content of current agreement.

Board Position: Modify as follows

Board Position: Modify as follows

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

Board Position: Modify as follows

The following six (6) charities were agreed upon:

Board Position: No modification

No change to content of current agreement.

Board Position: Modify as follows

Board Position: Modify as follows