OLD FORGE - While both sides differ on whether Old Forge School District teachers are locked out or on strike, Thursday still marked the first day that neither they nor students returned to the classroom.
It is a lockout, John Holland, association negotiator and regional field director for the Pennsylvania State Education Association, said Thursday morning. He further claimed it was implemented illegally because district officials failed to give 48 hours' notice of their last, best offer.
At a school board meeting Wednesday, board members unanimously approved their final, best offer for a teacher contract - the same offer rejected by the Old Forge Education Association about a month ago.
The motion Wednesday specifically called to unilaterally implement the offer, effective Dec. 20, after the association commences its strike, pursuant to the strike notice issued last week.
"They preempted our strike last night by approving their last, best offer," Mr. Holland said.
John Audi, the district's legal counsel, disagreed and said the final, best offer has not yet been implemented. To him, this is a strike.
He added that the status quo has been disrupted since there is an impasse and the teachers have begun to strike. For a lockout, he said, there needs to be a status quo situation.
While the difference between the two seems slim on the surface, the legal ramifications are anything but.
Mr. Holland said that if the teachers decide to strike, they are not eligible for unemployment compensation. However if the teachers are locked out, they are eligible, he said.
Teachers have been working under an expired contract since Aug. 31, 2010. Since then, both sides have been unable to agree on a contract, citing salaries and benefits among the top contested items.
Currently, teacher salaries range from $43,380 to $68,059 - with an average salary totaling to $47,891, according to information provided by the district. Last month, the association rejected the district's proposal that called for current salary increases of 2.5 percent for 2012-13 and 2.75 percent in 2013-14 and 2014-15 but did not call for retroactive pay increases.
In addition, teacher's total health care cost is $2.50/$5 for prescriptions with no deductible. The last proposal included a tiered rate of $15/$30/$50 per prescription, a 7.5 percent health care premium share and a $500 deductible up to a maximum of three people that would have saved the district 17 percent in premium costs.
The district said the premium share would come to $17.18 per paycheck for single coverage and $42.49 for a family plan.
Teachers would not comment, directing all inquiries to association officials and Superintendent R. Scott Jeffery said last week that all questions for the district would be directed to him.
Teachers began picketing Thursday morning at 8 a.m. They had bundled up in down jackets, scarves, gloves and hats, anticipating a cold day. Wisps of steam from piping hot coffee curled around their faces.
Their signs were printed, school colors blue and gold with a message: "Old Forge Education Association On Strike."
Mr. Holland arrived not long after teachers began walking up and down Marion Street in front of the high school. After speaking with teachers, they began to write on the back of their signs that they were locked out.
"As you should also know, neither an employee strike nor an employer lockout provides the employer with the right to unilaterally change the hours, wages or terms and conditions of employment," Mr. Holland wrote in a letter to Mr. Audi. "Please be advised hereby that the Old Forge Education Association and its members intend to adhere to the laws of this Commonwealth as it applies to lockouts."
The letter went on to say that he would require a written notice from the district that to end the lockout, the 2003-2010 Collective Bargaining Agreement needs to be adhered to.
Teachers will picket again today from 8 a.m. until noon. Saturday marks the beginning of the district's holiday break. Classes are scheduled to resume Jan. 2. However, if teachers are still either in lockout or on strike, picketing will resume at that time.
One stipulation, though, is that the 180-day school year must be completed by June 15 after one strike. If the teachers strike a second time, the 180-day school year must end by June 30. If it is a lockout, Mr. Holland said that the time line does not change. Mr. Audi said the last, best offer still has not been implemented, but the district has the authority to implement it.
"If it's decided what's best, we will do it," Mr. Audi said.
Mr. Holland held firm that it is a lockout, saying that Mr. Audi is playing a game and trying to circumvent the law.
"John Audi can take his position, I'll take my position," Mr. Holland said. "We'll let the legal system decide."
Contact the writer: jkohut@timesshamrock.com, @jkohutTT on Twitter