In the Matter of the Fact-finding - between - THE CHESTER UNION FREE SCHOOL DISTRICT and THE CHESTER TEACHERS’ ASSOCIATION.  Case No. M 2006-114.  Susan T. Mackenzie, Fact-finde

Mackenzie, Susan T.

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Fact Finding Reports - NYS PERB New York State Public Employment Relations Board (PERB) 
April 2007 
Chester Union Free School District and Chester Teachers' 
Association Chester Union Free School District and Chester 
Teachers' Association 
Susan T. Mackenzie 
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Chester Union Free School District and Chester Teachers' Association Chester 
Union Free School District and Chester Teachers' Association 
Abstract 
In the Matter of the Fact-finding - between - THE CHESTER UNION FREE SCHOOL DISTRICT and THE 
CHESTER TEACHERS’ ASSOCIATION. Case No. M 2006-114. Susan T. Mackenzie, Fact-finder 
Keywords 
chester, teachers association, M2006-114, mackenzie 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/perbfact/8 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
Case No. M 2006-114        
        : 
In the Matter of the Fact-finding    : 
        :   REPORT 
  - between -     :   
:       AND 
THE CHESTER UNION FREE SCHOOL DISTRICT :  
        :            RECOMMENDATIONS  
       and      :    
        :       OF 
THE CHESTER TEACHERS’ ASSOCIATION  :                 
        :       FACT-FINDER 
Pursuant to New York Civil Service Law Section 209 :            
                                                                                                :     
 
 
 
 
BEFORE:   Susan T. Mackenzie, Fact-finder 
 
 
 
APPEARANCES: 
 
For the Association:  Pat Leonetti, NYSUT Labor Relations Specialist 
 
For the District:  Shaw & Perelson, May & Lambert, LLP,  
      by David S. Shaw, Esq. 
  
      
     
 On March 1, 2007 and under the authority vested in the New York State Public 
Employment Relations Board (“PERB”) under Sections 209 and 205.5(k) of the New York Civil 
Service Law, the undersigned was designated as a Fact-finder for the purpose of inquiring into 
the causes and circumstances of the dispute involving the aforementioned parties, and after 
hearing to transmit findings of fact and recommendations for resolution of the dispute. 
 
 
 
 2
BACKGROUND 
 The Chester Teachers’ Association ("CTA" or “Association”) and the Chester Union Free 
School District ("District" or “Chester”) have been in a collective bargaining relationship for 
more than 30 years. The CTA currently represents approximately 88 members, including 79 
teachers, two guidance counselors, one social worker, two psychologists, two speech/language 
therapists and two nurses. The parties’ prior collective bargaining agreement expired on June 30, 
2006 and the parties engaged in bargaining for a successor agreement between January 2006 and 
April 11, 2006. On April 11, 2006, the parties' bargaining teams reached a tentative agreement 
on new contract provisions for a three-year term (Joint Exhibit 2), presented by the CTA 
negotiating team to its membership on May 4, 2006.  In voting on May 9 and 10, 2006, the CTA 
membership rejected the tentative agreement.  Thereafter, the District made a second proposal 
that added a fourth year to the contract term, with an additional four percent (4%) salary 
increase. The CTA membership also rejected the second tentative agreement on June 15, 2006.   
 On July 26, 2006 the parties mutually declared impasse and requested the appointment of 
a PERB mediator.  On October 17, 2006 a mediation session was held. On January 8, 2007, the 
parties requested fact-finding and PERB appointed the undersigned as the Fact-finder. A fact-
finding hearing was held on March 1, 2007.  The parties also made posthearing submissions, 
received by the Fact-finder on or before March 29, 2007. 
 The parties agreed that primary issues in dispute involve the employee and retiree 
contribution to the cost of health insurance premiums. Both parties asked the Fact-finder to 
view these issues in the context of an overall, proposed four-year agreement, with a 4% salary 
increase in Year 4, effective July 1, 2009. The parties also agreed that the signature version of 
the next Memorandum Agreement to be proposed for ratification will leave unchanged the 
provisions of Article V (A)(6)(b) of the 2003-2006 Agreement. 
 3
  I: ACTIVE UNIT MEMBER HEALTH INSURANCE CONTRIBUTION 
Current practice: Under the parties' 2003-2006 agreement, bargaining unit members contribute 
fixed sums of $150 annually for individual coverage and $300 annually for family coverage. 
District Proposal:   Effective July 1, 2006: unit members contribute five percent (5%) toward the 
monthly premiums for individual or family health insurance coverage; effective July 1, 2007: 
unit members will contribute six percent (6%) toward the monthly individual and family 
premium costs; effective July 1, 2008: unit members will contribute seven percent (7%) toward 
the monthly individual and family premium costs; effective July 1, 2009: unit members will 
contribute seven percent (7%) toward the monthly individual and family premium costs.  
Association Proposal: Maintain the fixed dollar amount but raise that dollar amount 
proportionately to the increase in the cost to the District of health insurance premiums (projected 
by the CTA at approximately 3% for the 2006-2007 school year, approximately 2.9% for the 
2007-2008 school year and less than 7% for the 2008-2009 school year).  
 
II. RETIREE HEALTH INSURANCE CONTRIBUTION 
Current Practice:  The District contributes fifty percent (50%) of the cost for individual coverage 
and thirty-five percent (35%) of the cost for family coverage for unit members who began 
working after July 1, 1979 and have worked in the District for at least 10 years.  
District Proposal:  Increase the District’s contribution for family coverage to forty percent (40%) 
during the third year following retirement, forty-five percent (45%) during the fourth year 
following retirement and fifty percent (50%) during the fifth year following retirement. 
Association Proposal:   
Family Coverage:   employees with 10 years of service, District pays 40% of premium. 
          employees with 15 years of service, District pays 50% of premium. 
          employees with 20 years of service, District pays 60% of premium. 
 4
Individual Coverage:  employees with 10 years of service, District pays 50% of premium. 
   employees with 15 years of service, District pays 60% of premium. 
   employees with 20 years of service, District pays 70% of premium. 
Alternatively, the CTA proposes that retiree contribution levels be lowered in accordance with 
“prevailing standards in the Orange County community.” 
 
FINDINGS OF FACT 
  It is appropriate to view proposed changes in employee and retiree contribution levels in 
the context of the proposed salary increases.  There is no dispute that at present, Chester ranks 
at the low end of actual salary amounts among districts in Orange County. In this context, 
however, the District’s proposed salary percentage increases in all four years of the proposed 
four-year contract term in Chester are, overall, higher than actual percentage increases in all 
four years of contract terms in other Orange County districts, with limited exceptions (e.g., the 
same percentage in Tuxedo for the 2006-07 school year).  While in actual dollar amounts 
Chester still ranks at the low end of Orange County districts, the proposed salary increases 
represent a significant step at decreasing these salary amount disparities. 
  With regard to the cost to current unit members by changing from a flat dollar amount to 
a percentage for contribution to health insurance premiums, there is no question that such a 
change, characterized by the CTA as “onerous” and a “striking give-back,” introduces an 
element of uncertainty.  But such a change is consistent with the growing trend in area districts 
to convert to a percentage, or shared cost, basis now used for Chester retirees as well as in  
other districts (e.g., Valley Central, Newburgh, and Tuxedo) at either lower or comparable 
percentage increase during the four-year contract term. Additionally, in other area districts still 
using a dollar amount, those amounts are significantly higher than either the current or the 
CTA proposed dollar amounts. Area district contribution levels in contract terms through 2008-
 5
09 are in the range of $350-$511 for individual coverage and $700-$1,111 for family coverage. 
In addition, the “actual” dollars represented by the CTA proposal, at least in the first year of 
the contract term as estimated by the CTA ($354 for individual and $765 for family), are at the 
low end of dollar amounts paid in districts cited by the parties. 
  With regard to retiree coverage, the parties agree that the current provision for teachers 
who began working prior to July 1, 1979 and have worked in the District for at least 10 years 
should continue to be eligible for 100% coverage by the District.  The parties also are in 
agreement that, as in the past, retirees should contribute on some percentage basis to the cost to 
the District for both individual and family health insurance coverage. The District’s proposal 
also reflects recognition that increasing health care costs may have a more adverse effect on 
long-term retirees on fixed incomes. In the Orange County districts cited by the parties, 
employer contributions to the cost of retiree health insurance premiums range from 50%-100% 
for individual coverage and 30%-100% for family coverage, and some are tied to years of 
service. 
 
 
 6
RECOMMENDATIONS 
 Based on the foregoing, the Fact-finder recommends as follows: 
 - Adoption of the terms set forth in the April 11, 2006 Memorandum of Agreement, with 
 the exception of the following: 
1. The addition of a fourth year in the contract term, with a four percent (4%) 
salary increase effective July 1, 2009. 
 
2. As agreed by the parties, the signature version of the next Memorandum 
Agreement to be proposed for ratification will leave unchanged the 
provisions of Article V (A)(6)(b) of the 2003-2006 Agreement. 
 
3. For active unit members, effective July 1, 2006: unit members contribute 
five percent (5%) toward the monthly individual and family health 
insurance premium cost; effective July 1, 2007: unit members will 
contribute six percent (6%) toward the monthly individual and family 
premium costs; effective July 1, 2008: unit members will contribute seven 
percent (7%) toward the monthly individual and family premium costs; 
effective July 1, 2009: unit members will contribute seven percent (7%) 
toward the monthly individual and family premium costs. 
 
4. For retirees, increase the District’s contribution for family health insurance 
premiums to forty percent (40%) during the third year following 
retirement, forty-five percent (45%) during the fourth year following 
retirement and fifty percent (50%) effective with the fifth year following 
retirement. 
 
The Fact-finder considers the foregoing recommendations a just and equitable resolution of the 
parties’ dispute and recommends their adoption by the parties. 
       
      Respectfully Submitted, 
   
 
Date: April 18, 2007                                           
      Susan T. Mackenzie 
      Fact-finder 


Chester Union Free School District and Chester Teachers\u27 Association  	Chester Union Free School District and Chester Teachers\u27 Association

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