In the matter of the fact-finding between the Maine-Endwell Central School District, employer, and the Main-Endwell Teachers Association, New York State United Teachers (NYSUT), union. PERB case no. M2016-156. Before: Timothy W. Gorman, fact finder

Gorman, Timothy W

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Fact Finding Reports - NYS PERB New York State Public Employment Relations Board (PERB) 
11-20-2017 
Maine-Endwell Central School District and Main-Endwell Teachers 
Association, New York State United Teachers (NYSUT) 
Timothy W. Gorman 
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Maine-Endwell Central School District and Main-Endwell Teachers Association, 
New York State United Teachers (NYSUT) 
Abstract 
In the matter of the fact-finding between the Maine-Endwell Central School District, employer, and the 
Main-Endwell Teachers Association, New York State United Teachers (NYSUT), union. PERB case no. 
M2016-156. Before: Timothy W. Gorman, fact finder. 
Keywords 
New York State, PERB, fact finding 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/perbfact/131 
THE NEW YORK STATE  
PUBLIC EMPLOYMENT RELATIONS BOARD 
 
              IN THE MATTER OF IMPASSE 
              between 
                       THE MAINE-ENDWELL 
                 CENTRAL SCHOOL DISTRICT  
        and        
                   THE MAINE-ENDWELL  
        TEACHERS ASSOCIATION, NYSUT 
 
 
Appearances:       
 
For the District: Randy J. Ray, Director of Personnel Relations,  
Cayuga-Onondaga BOCES  
 
For the Association: Maine-Endwell Teachers Association chose not to appear 
(see below) 
Also Present 
 
For the District: Jason VanFossen, Superintendent 
 Jeff L’Amoreaux, Assistant Superintendent  
 
For the Association: None 
 
Date of Hearing: October 30, 2017 
Date of Briefs: None 
Date of Report: November 20, 2017  
 
 
NYSPERB Case:  M2016-156 
 
 
Fact-Finding Report and 
Recommendations  
 
of 
 
Timothy W. Gorman, 
Fact Finder 
 
[2] 
 
INTRODUCTION 
 In accordance with Civil Service Law §209.3, the New York State Public 
Employment Relations Board appointed me as Fact Finder in an impasse between the Maine-
Endwell Central School District and the Maine-Endwell Teachers Association, NYSUT. On 
October 30, 2017 a fact-finding hearing was held at the Maine-Endwell Central School 
District offices. At this hearing both parties were given the opportunity to present their 
respective bargaining positions. The District appeared at the hearing and made its 
presentation. The Teachers Association failed to appear (see a further account of this 
development below). Upon completion of the District’s presentation I declared the hearing 
closed. 
NOTE ON APPEARANCES OF THE PARTIES   
 The District and the Association agreed, via email on September 12, 2017, to appear 
at a fact-finding hearing on October 30, 2017. On October 25, 2017 the District and I 
received an email from Mr. Joseph Beasley, Labor Relations Specialist, NYSUT stating that 
the Maine-Endwell Teachers Association had filed improper practice charges against the 
Maine-Endwell Central School District with New York State Public Employment Relations 
Board. The email further stated that because of this filing the Association was postponing its 
involvement in the fact-finding process until those claims are adjudicated or it received 
direction from PERB to the contrary. 
After consulting with PERB, on October 25, 2017, I sent a return email to both Mr. 
Beasley and Randy Ray, Labor Relations Specialist for the District., In it I stated that if 
[3] 
 
situations arise that can be determined to be central and not ancillary to any further 
discussions only then can the impasse procedure and fact-finding be postponed. I further 
stated to the parties that the issues raised in the Association's Improper Practice charge (that 
as of October 25, 2017 had yet to be processed by PERB) were ancillary, therefore the fact-
finding would go on as scheduled on Monday October 30, 2017 at 10:00 am at the Maine-
Endwell School District offices. 
On October 26, 2017 the District and I received another email from Mr. Beasley 
stating again that the appropriate forum for determining whether the issues raised by 
the Association are central and not ancillary to any further discussions would not be found 
in the opinion of Mr. Ray, himself, or the fact finder, but by the Public Employee Relations 
Board and as such, it was, again  the Association’s intent to postpone involvement in the 
Fact-Finding process until those claims are adjudicated or it received direction from PERB 
to the contrary. 
In a reply email to Mr. Beasley and Mr. Ray dated October 26, 2017, I reiterated that 
I was clear in my previous email that the fact-finding hearing would go on as scheduled on 
Monday, October 30, 2017 at 10:00 am at the Maine-Endwell School District offices, and 
whether or not the Association chose to participate in this hearing, was entirely up to Mr. 
Beasley and the Association’s negotiating team. 
Finally, in an email dated October 29, 2017, from Melissa Sperling, a member of the 
Teachers Association negotiating team, to Maine-Endwell Teachers Association colleagues 
(a forwarded copy of which was sent to the District’s representative Randy Ray) (District 
[4] 
 
Ex-16) she states that “the Fact Finding meeting which was scheduled for 10/30 will not 
occur due to the filing of our [improper practice] charge to P.E.R.B.”  
Given that my email to the parties on October 26, 2017 clearly stated that the fact-
finding hearing would go on as scheduled on Monday October 30, 2017 at 10:00 am, this 
email distributed to the Association membership was erroneous as it gave the impression 
that all parties had agreed to an adjournment, when in fact it was only the Association that 
unilaterally chose not to attend.   
On October 30, 2017 at 10:00 am the Association failed to appear for the fact-finding 
hearing. After waiting until 10:15 am and with the Association still not in attendance, I began 
the hearing and the District made its presentation. A summary of that presentation along with 
my report and recommendations follows.  
BACKGROUND 
  The Maine-Endwell Central School District (hereafter the Employer or the District) 
and the Maine-Endwell Teachers Association, NYSUT (hereafter the Association or the 
Union) are parties to a collective bargaining agreement. This agreement expired on June 30, 
2016. Bargaining for a new agreement began in March 2016. After some meetings between 
the parties, the New York State Public Employment Relations Board appointed a mediator 
to assist in the negotiations. Despite the mediator’s best efforts, the parties were unable to 
reach an agreement on a new contract. The District and the Association then jointly declared 
an impasse and filed with the New York State Public Employment Relations Board for fact-
finding. 
[5] 
 
OUTSTANDING ISSUES 
 The District identified three major open issues. These are listed below: 
  Contract Duration 
  Salary Increases 
  Healthcare Premium Contributions  
 The Association chose not to appear at the hearing, therefore outlined no open issues. 
 
SUMMARY OF THE PARTIES’ POSITIONS 
Contract Duration 
The District 
The District proposed a two-year successor agreement covering July 1, 2016 through 
June 30, 2018 with changes to the Collective Bargaining Agreement involving only salary 
increases and healthcare insurance premium contributions. 
The Association 
 The Association chose not to appear at the hearing, therefore gave no proposal or 
supporting information as to contract duration. 
Salary Increases 
The District 
  
The District proposes salary increases of 2.95% on the first year of the new contract 
and 2.95% in the second year. The District believes this offer to be fair and makes the 
following points in support of it proposal:  
[6] 
 
 The Combined Wealth Ratio of Maine-Endwell (District Ex-5) sits in the middle of 
all districts contained within the Broome Tioga BOCES component schools and is below the 
state average, The Combined Wealth Ratio (CWR) is a measure of relative wealth, indexing 
each school district against the statewide average on a combination of two factors; property 
wealth per pupil and income wealth per pupil. A school district’s wealth is measured by 
comparing its property value per pupil with the state average property value per pupil, and 
the district’s adjusted gross income per pupil with the state average adjusted gross income 
per pupil. The ratios derived from these comparisons are multiplied by .5 and added together 
to form the Combined Wealth Ratio. 
 Maine-Endwell’s CWR is 0.543 and the state average for all schools within the 
Broome Tioga BOCES is 0.569; therefore, the District is not wealthy when compared to the 
average of the other 14 schools contained within the BOCES component schools. 
 The District tax levy per pupil (District Ex-8) is also in the middle of all districts in 
the Broome Tioga BOCES area, and is outpaced by six of the other fourteen districts. This, 
when combined with the Combined Wealth Ratio, shows that the District simply does not 
have unlimited funds for salary increases.  
 As for salaries of its teachers the District sits squarely in the middle of all districts 
contained within BOCES component schools (District Ex-10). Its average salary for full time 
teachers is $58,680 which is above the average of $57,726 for all schools. In a Basic 
Educational Data Summary (BEDS) (District E-11) Main-Endwell full-time classroom 
teachers are paid better than the BOCES District Average in the 5th, 25th, 50th and 95th 
percentiles average, and only slightly less in the 75th percentile.  
[7] 
 
 Lastly, recent area contract settlements have come in at an average of 2.76% in 2016-
2017 and 2.94% in 2017-2018 with the average salary increase for all districts from 2010-
2011 through 2018-2019 being 2.69% (District Ex-13). These figures are below the 
District’s proposed 2.95% increase for each year of a new two-year contract. 
The Association 
  The Association chose not to appear at the hearing, therefore made no proposal or 
supplied any supporting information as to salary increases. 
 
Health Insurance Premium Contributions 
The District 
 The District has proposed that teachers contribute 11% toward their healthcare 
insurance premium in the first year of the new contract and 11% in the second year. Unlike 
the expired contract, these contributions will have no dollar cap associated with them. The 
District believes this offer to be fair and makes the following points in support of it proposal:  
 When compared with the average of all schools contained within the BOCES 
component school districts Main-Endwell pays a higher percentage of the total costs of 
healthcare premiums than other districts. For the 2016-2017 school year, the District paid 
90.4% of an individual’s healthcare premium, with the teachers paying 9.6%.  As for a family 
plan the District paid 91.1% of the healthcare premium, with a teacher paying 8.9%.  These 
percentages are higher than the average of other BOCES component schools. The average 
amount paid by the others districts was 88% of an individual plan and 87% of a family plan, 
while the teachers in these districts paid 12% of the premium for an individual plan and 13% 
[8] 
 
for a family plan (District Ex-14).  When compared with other districts Maine-Endwell’s 
proposal of and 11% teacher healthcare premium contribution is fair.  
 To support its proposal that healthcare premiums paid by teachers should have no 
dollar cap attached to the percentage, the District pointed to a December 10, 2015 signed 
healthcare side letter of clarification in the expired contract. The two pertinent paragraphs 
read as follows: 
“The purpose of this letter to provide clarification to a recent change made to the 
health insurance provisions of the Maine-Endwell Teachers Association contract. 
The parties agree that upon expiration of the 2013-2016 Collective Bargaining 
Agreement, if a successor agreement is not entered into prior to July 1, 2016, that the 
contribution rate for Maine-Endwell Teachers Association members toward the 
annual health insurance premium shall be the lesser of either eleven percent (11%) 
of the cost of a family plan or two thousand one hundred dollars ($2100) and/or 
eleven percent (11%) of the cost of an individual plan or nine hundred fourteen 
dollars ($914). 
 
The Parties further agree that upon reaching a successor Collective Bargaining 
Agreement to the 2013-2016 contract the cap of two thousand one hundred dollars 
($2100) or nine hundred fourteen dollars ($914) shall sunset and be eliminated, and 
Maine-Endwell Teachers Association members shall pay a minimum eleven percent 
(11%) toward their annual health insurance premium” (District Ex-1 page 67). 
 
With this letter the Association has effectively agreed to eliminate the caps on teacher 
healthcare premium contributions in a successor Collective Bargaining Agreement. 
The Association 
 The Association chose not to appear at the hearing, therefore made no proposal or 
supplied any supporting information as to teacher healthcare insurance premium 
contributions. 
 
[9] 
 
FACT FINDER’S REPORT AND RECOMMENDATIONS 
 
NOTE ON REPORT AND RECOMMENDATIONS OF THE FACT FINDER 
 
 
 It is difficult to write a report and give recommendations as to the issues in this 
impasse with only one party participating. The Association made the conscious decision not 
to take part and contribute to this process. Had it done so the issues they raised and proposals 
they put forth would have been given consideration in fashioning some recommendations 
for the parties to use as they further negotiate a new contract. Notwithstanding the 
Association’s lack of participation, the Public Employment Relations Board has given me 
the power to carry out the purpose of the fact-finding process, which is to inquire into the 
causes and circumstances of the dispute and transmit these findings to the employer and 
employee organization involved. Those findings are below.  
 
Contract Duration 
Recommendation 
 With no other information than the Districts, I find a two-year agreement covering 
July 1, 2016 through June 30, 2018 to be appropriate. 
 
Salary Increases 
 Given the District’s Combined Wealth Ratio (CWR) that is lower and its average 
salaries being higher than the average of all districts contained within BOCES component 
schools, along with the recent settlements of other teacher contracts, the District’s proposal 
[10] 
 
of salary increases of 2.95% in the first year of the new contract and 2.95% in the second 
year is reasonable. 
Recommendation 
 Teacher’s salaries will be increased by 2.95% in first year of the new contract and 
2.95% in the second year of the new contract. 
 Health Insurance Premium Contributions 
 
 The District has proposed that Teachers contribute 11% toward their healthcare 
insurance premium in the first year of the new contract and 11% in the second year. In the 
current 2016-2017school year the District is paying a higher percentage of the total 
healthcare premium than the average of other BOCES component schools.  It pays 90.4% of 
an individual’s healthcare premiums, with the teachers paying 9.6%.  As for a family plan 
the District paid 91.1% of the healthcare premium, with the teachers paying 8.9%. The 
average amount paid by the others districts was 88% of an individual plan and 87% of a 
family plan, while the teachers in these districts paid 12% of the premium for an individual 
plan and 13% for a family plan.  
 The District also proposed the elimination of the dollar caps associated with the 
percentages paid by teachers toward healthcare. The side letter (see above) states that the 
Teachers would agree that the caps on healthcare insurance premium contributions would 
sunset and therefore be eliminated from the new contract.   
[11] 
 
As the Association failed to appear and therefore made no case as to why this side 
agreement should not take effect in the new contract, I believe this agreement should be 
honored by both parties.  
Recommendation 
 Teachers will contribute 11% toward their healthcare insurance premium in the first 
year of the new contract and 11% in the second year. These percentage contributions will 
have no dollar caps attached to them.  
  
CONCLUSION 
 It was disheartening to see the Association refuse to participate in the fact-finding 
process. Had they done so this report and its recommendations may have been different and 
more inclusive of the Association’s concerns and proposals. With the Association’s input 
the parties could have used this report to serve as a catalyst to resume their negotiations 
which could lead to an agreement that would have been mutually beneficial to all. 
 
 
 
Date: __________________   Signed: _________________________________________  
                  Timothy W. Gorman, Fact Finder  
 
 


Maine-Endwell Central School District and Main-Endwell Teachers Association, New York State United Teachers (NYSUT)

In the matter of the fact-finding between the Maine-Endwell Central School District, employer, and the Main-Endwell Teachers Association, New York State United Teachers (NYSUT), union. PERB case no. M2016-156. Before: Timothy W. Gorman, fact finder.m2016_156.pdf: 26 downloads, before Oct. 1, 2020

Gorman, Timothy W.

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