In the Matter of the Impasse between City of Yonkers and International Brotherhood of Teamsters. Case No. M2008-065. I. Leonard Seiler, Fact Finder. Issued in Hackensack, New Jersey

Seiler, I. Leonard

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Yonkers, City of and International Brotherhood of Teamsters

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Fact Finding Reports - NYS PERB New York State Public Employment Relations Board (PERB) 
4-21-2009 
Yonkers, City of and International Brotherhood of Teamsters 
I. Leonard Seiler 
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Yonkers, City of and International Brotherhood of Teamsters 
Abstract 
In the Matter of the Impasse between City of Yonkers and International Brotherhood of Teamsters. Case 
No. M2008-065. I. Leonard Seiler, Fact Finder. Issued in Hackensack, New Jersey. 
Keywords 
New York State, PERB, fact finding 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/perbfact/31 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
 
_______________________________________ 
In the Matter of the Impasse between 
CITY OF YONKERS ) FACT-FINDING REPORT 
       and 
AND )   RECOMMENDATIONS 
 
INTERNATIONAL BROTHERHOOD OF TEAMSTERS ) Case No. M2008-065  
I. Leonard Seiler 
Fact Finder 
Issued in Hackensack, New Jersey 
 
 
1. Procedure 
 
On October 8, 2008, the New York State Public Employment 
Relations Board, having determined that an impasse continued to 
exist in negotiations between the City of Yonkers Board of 
Education, hereinafter referred to as the "Employer", and Local 
456 of the International Brotherhood of Teamsters, hereinafter 
referred to as the "Union", appointed the undersigned to inquire 
into the causes and circumstances of this dispute involving the 
aforementioned parties pursuant to Sections 209 and 205.5(k) of 
the New York Civil Service Law with authority to proceed under 
the applicable statutes, rules and regulations to carry out the 
purpose of the Fact-Finding Procedure. 
The Parties have been unsuccessful in concluding a contract 
though they met in nine (9) or ten (10) negotiating sessions, the 
last being held on April 2, 2008. They were, however, successful 
in narrowing their open issues to two (2): a) the level of 
employee Health Insurance contributions and b) the Employer's 
proposal of instituting a merit pay system. The Parties on June 5, 
2008, declared an impasse and the Union filed a Declaration of 
Impasse with P.E.R.B.. On July 8, 2008, the parties participated 
in an unsuccessful mediation session. They felt that any 
additional mediation meetings would be fruitless and so requested 
from P.E.R.B. the appointment of a fact finder. 
A Fact-Finding Hearing was held on December 3, 2008, at the 
conclusion of which the parties agreed to submit to the fact 
finder their fact-finding post-hearing briefs in support of their 
respective positions, postmarked by February 6, 2009. 
Subsequently, by agreement of the parties, the date for submission 
of their fact-finding post-hearing briefs was extended first to 
March 6, then to March 20, 2009. 
Mr. Seiler, the fact finder acknowledged their receipt in 
writing on March 24, 2009, and asked if he should proceed with his 
report or would reply briefs be submitted. On April 2, 2009, the 
fact finder received a fax from the attorney for the union which 
stated: "The parties will have decision by Friday whether or not 
they will submit additional briefs." Not hearing anything 
further from the parties by April 11, 2009, the fact finder 
proceeded with the writing of the Fact-Finding Report in this 
impasse. 
 
2. In General 
 
a) This impasse arises from the negotiations of a 
collective bargaining agreement between the parties to succeed 
their last Memorandum of Agreement which expired on June 30, 
2003. 
b) The Fact Finder having carefully considered the entire 
record before him consisting of the parties' fact-finding and 
reply briefs, encompasses his recommendations in the Fact-Finding 
Report which follows. 
c) The requests were evaluated in accordance with the 
arguments and data submitted, and weight was given, in addition 
to other criteria, to other Yonkers Board of Education 
settlements. 
d) The "position" of the parties and the Fact Finder's 
"discussion" reflect a summary and are not intended to be all- 
inclusive. 
e) The Union represents a very diverse group of 
approximately 22 members in the central offices of the Yonkers 
Board of Education. They include both certified and non-
certified personnel, employees who are subject to different 
disciplinary and other regulations and who are in different 
retirement systems, supervisory and non-supervisory 
employees,and the part-time psychiatrist. 
f) The parties had participated in some nine(9) or ten(10) 
negotiating sessions and one (1) mediation session during 2006-8, 
prior to engaging in Fact-Finding. 
g) The parties have reached tentative agreement on all 
proposed contract issues but the two (2) which they submitted 
to fact-finding. They are: 1) health insurance and 2) merit 
pay. 
 
Background 
 
The District is a public school district located in 
Westchester County, New York. 
The District has at least two(2)other bargaining units - the 
Teachers Assn. and the CSEA. 
 
3. Issues 
 
1. Health Insurance 
2. Merit Pay 
 
Both of these issues are management demands. 
Analysis of the exhibits and arguments submitted, research 
and study of the foregoing items in impasse having been concluded, 
the Fact Finder has made his recommendations on all of the said 
issues presented to him. 
2
1. Health Insurance 
Currently, the Board pays all of the health insurance premiums 
and Union members contribute nothing. However, the Union, after 
extensive negotiations, has agreed to contribute toward their 
members’ health insurance premiums but disagrees with the amount 
of contribution the Board seeks and the absence of a cap on 
contributions. It seeks to be treated similarly to the Yonkers 
Teachers Assn. members and the CSEA members, whereas, the Board 
maintains they are more comparable to the non-represented Central 
Office Group. 
 
Management Position: 
 
The Board feels that the non-represented central office 
employees are the more appropriate group for determining health 
insurance premiums inasmuch as their high and low salaries are 
far more similar to those of the IBT members than the groups the 
union cites. It contended that central office employees 
contribute 10% without cap and this is what the IBT members 
should do. 
 
Union Position 
 
Though its members are not currently contributing to their 
health insurance costs, they are willing to do so, if an 
acceptable formula can be agreed to. 
The Board's proposal, however, of 10% starting immediately 
with no cap is unacceptable for several reasons. 
The Union could not understand why it should be treated 
differently than the Teachers or CSEA unions as regards to health 
care contributions. 
It noted that in recently concluded negotiations, the Board 
has agreed on health care contributions for the Yonkers 
Federation of Teachers of 5% with a cap of $500 for individual 
coverage and $1,000 for family coverage and flat rates of $250 for 
singles and $500 for family contribution for members of the Civil 
Service Employees Association. 
The Union also pointed out that the newly negotiated teacher 
contract Paragraph 2 provides that effective July 1, 2009 (the 
same date that current employees would begin paying health care 
contributions), all teachers will be bumped up a lane of the 
salary schedule, thus in effect, the Board will be at least 
reimbursing the employee's insurance costs. 
 To resolve the matter, the Teamsters proposed a yearly 
contribution of $375 for singles and $750 for family coverage, a 
middle ground between the Teachers and CSEA contract provisions. 
 
Management Response: 
 
For comparison purposes, it maintains that the appropriate 
group is central office employees as shown in Board Exhibit 5 
which shows the High, Low and Average for the Board's employees 
3
by group. It claimed that comparison with central office 
employees is readily apparent. 
 
Recommendation: 
 
One could argue from the Board's exhibits 5 & 6 that the IBT 
unit is as comparable to the YFT Teachers as to the Non-
Represented Central Office employees. Though exhibit 5 shows a 
high of $175,680 for the Teamsters and only $123,746 for the 
teachers, exhibit A-4 indicates the only real high Teamster unit 
salary is for the Medical Inspector. 
Therefore, it is recommended that all IBT members other than 
the Medical Inspector contribute the same as the Yonkers 
Federation of Teachers, i.e. 5% of the health insurance premium 
with a cap of $500 for individual coverage and $1,000 for family 
coverage. As to the Medical Inspector, he should contribute the 
same 10%, without a cap, as required of Central Office Employees. 
 
2. Merit Pay 
 
Management's last proposal in reference to merit pay was that 
it be directed to those nine (9) employees who are in supervisory 
positions such as the Chief Medical Officer who supervises 
approximately sixty (60) nurses and medical staff, the Purchasing 
Agent and the assistant supervisors of Maintenance, Custodians and 
School Facilities. It sought to apply the same merit system that 
the Board adopted in 2003 (Board exhibit 1) for central office 
administrators which was updated effective July 1, 2007(Yonkers' 
Public Schools letter dated July 18, 2008). 
 
Management Position: 
 
A merit system is needed to increase responsibility and 
accountability for those employees who are most responsible for 
the supervision and operations of the Yonkers Board of Education. 
It is only fair that those IBT members in supervisory positions be 
subject to the same accountability and merit system as their 
central office peers, as their titles listed in management's 
Exhibit 7 are very similar to those of central office personnel 
listed in management's Exhibit 6. 
 
Union Position: 
 
The Union noted that it wasn't until the final of numerous 
negotiating sessions on wages, that management proposed a merit 
system instead of the wage increase informally agreed to at the 
prior session. In that informal agreement the parties agreed that 
the Teamster bargaining unit would receive the same percentage 
wage increases as the other unionized Yonkers Board of Education 
bargaining units, as was the Board's past practice. 
The Union flatly opposes a merit system for the following 
reasons: 
1. The determination of wages is a fundamental Union 
function in collective bargaining. 
4
2. None of the Board's other unionized bargaining units 
have such a system. 
3. The sketchy plan offered relies on subjective criteria of 
the Board in determining the amount of increase an employee should 
be granted. Such a system allows the employer unrivaled discretion 
where favoritism and politics could become involved in the 
evaluation process which is particularly disturbing in a public 
employment environment where favoritism and politics is supposed 
to be avoided. 
4. Merit pay is not the optimal method to control and 
manage employees. It is the disciplinary procedure that deals 
with less than satisfactory performance of an employee. 
5. The Board cannot point to any other Westchester School 
District union contract that includes a merit pay provision. 
 
Management Response: 
 
The Union's contention that if its members do not perform 
properly, they can be terminated in conformance with applicable 
laws is an all or nothing approach that can only guarantee a lack 
of accountability and undermine the authority of the 
Superintendent to operate the School District. 
 
Recommendation: 
 
Supervision is the act of monitoring and directing the work 
or tasks of those for whom they are responsible. Additionally, the 
supervisor should motivate and train those he is supervising. 
Merit Pay, also known as pay for performance, is pay based on 
a "set of criteria" set by the employer and union in collective 
bargaining. It generally involves the employer conducting a review 
meeting with the employee to discuss how the employee has 
performed during a certain time period in relation to the 
established "set of criteria". Generally, it provides bonuses for 
those employees who are considered to have performed their job 
better than others according to the measurable criteria agreed to. 
Wages are the compensation given to an employee for services 
rendered, whereas salary is a fixed compensation paid for services 
rendered of a particular kind, more or less definitely prescribed. 
If the employee fails to perform the prescribed services he should 
receive discipline for it - a warning the first time. 
Therefore, the salary increases agreed to in the next to 
last negotiating session, i.e. the same percentage wage increases 
granted to other unionized Yonkers Board of Education bargaining 
units, as was done in the past, should be done in this instance. 
To encourage superior performance of unit employees with 
supervisory responsibilities, a merit system should be negotiated 
by the parties. 
5
ectfully submitted,  
j
 
I. Leonard Seiler 
Fact Finder 
April 21, 2009 
6


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