Lisa m colautti Esq Megan m turnbull esq Act 93 Plans Made Easy 2019 WBK LLC This presentation is informational only and does not constitute legal advice 2 Act 93 Plans What We Will Cover ID: 780959
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Act 93 Plans Made Easy
Presented by:
Lisa m. colautti, Esq.
Megan m. turnbull, esq.
Slide2Act 93 Plans Made Easy© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide3Act 93 Plans – What We Will CoverOverviewWho is an Administrator?Meet and Discuss
Terms and ConditionsTips and ToolsOther IssuesQuestions and Comments© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide4Act 93 Plans - Overview
Act 93 of 1984 added Section 1164 to the Public School Code of 1949 to provide certain bargaining rights to Pennsylvania school administrators. Act 93 Plans are also known as Administrative Compensation Plans.In general terms, Act 93 gives school district administrators the right to “meet and discuss” compensation matters with the school board but preserves the right of each board to make the final compensation decisions.Act 93 Plans and the administrators who are part of them are not subject to existing public employee bargaining laws, such as the Public Employee Relations Act (PERA or Act 195) or Title XI-A of the School Code (Act 88)
Act 93 Plans are required in public school districts, CTCs and Intermediate Units.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide5Act 93 Plans - OverviewAct 93 expressly adopts a “management team philosophy” as the framework for the statute to operate.All administrators in the Commonwealth, except those employed by the School District of Philadelphia, are subject to Act 93.
Administrators in Philadelphia, which is a school district of the First Class, have the right to organize and form a labor union, which they have done.Educational administrators in Philadelphia are represented by the Commonwealth Association of School Administrators (CASA), a unit of the International Brotherhood of Teamsters.Act 93 Administrators may not strike. Section 1164(f).
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide6Act 93 Plans - Who is an Administrator?When PERA was enacted in 1970 it gave the right to organize and join unions to “first level supervisors,” although the right to strike and negotiate a contract was denied to them.
Although it seemed that principals and assistant principals would be considered “first level supervisors” under PERA, the courts decided that most principals and assistant principals were “management level employees,” therefore not covered under PERA.A management level employee is defined as one who “determines or is administratively responsible for the implementation of school policy.” Employees of Carlynton School District v. Carlynton School District,
337 A.2d 1033 (Pa. Cmwlth. Ct. 1977). Act 93 was introduced in part to address administrators’ lack of bargaining power and salary advancement in comparison to teachers who now had the chance to participate in collective bargaining.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide7Act 93 Plans– Who is an Administrator
The final version of Section 1164 that became law defines school administrator as follows:“…any employee of the school entity below the rank of district superintendent, executive director, director of vocational-technical school, assistant district superintendent or assistant executive director, but including the rank of first-level supervisor, who by virtue of assigned duties is not in a bargaining unit of public employes … under the … ‘Public Employe Relations Act.’ However, this definition shall not apply to anyone who has the duties and responsibilities of the position of business manager or personnel director, but not to include principals.”
Section 1164(a) of the School Code.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.7
Slide8Act 93 Plans – Who is an AdministratorPrincipals, Assistant or Vice Principals are most commonly thought of as included in Act 93 Plans.
Other educational administrators such as Director of Pupil Services, Director of Special Education or Director of Curriculum may be included. Non-educational administrators may, but are not required to be, included in Act 93 Plans as well. These positions may include Director of Facilities, Director of Technology, Director of Transportation and Assistant Directors in these departments.Superintendents, Assistant Superintendents, Executive Directors, Assistant Executive Directors, Business Managers and Directors of Human Resources may
not be included in Act 93 Plans.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.8
Slide9Act 93 Plans – Meet and Discuss
Section 1164(c) of the School Code requires that administrators and the school employer “meet and discuss in good faith” administrator compensation before the Plan is adopted.Specifically, “School employers, upon the written request of a majority of the school administrators in the district, shall be required to meet and discuss in good faith with the school administrators on administrator compensation prior to the adoption of the compensation plan.” Section 1164(c) of the School Code.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide10Act 93 Plans – Meet and Discuss
“Meet and discuss” is not defined in the School Code. It is, however, defined in PERA, as follows:
“…the obligation of a public employer upon request to meet at reasonable times and discuss recommendations submitted by representatives of public employes: Provided, that any decisions of determinations on matters so discussed shall remain with the public employer and be deemed final on any issue or issues raised.” PERA Section 1101.301(7).
“Good faith” is not defined in the School Code. For Act 93 purposes, “meet and discuss in good faith” must be interpreted in light of “the framework of a management team philosophy.” Section 1164(b). Under this philosophy, the parties are expected to exchange ideas and engage in some “give and take.” The School Board should engage in serious, in-depth discussion of the matters raised by administration.
However, “meet and discuss” is not the same as negotiating to achieve a collective bargaining agreement. In the end, the final decisions on the Plan remain with the employer.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide11Act 93 Plans – Terms and Conditions
Administrative compensation must be included in Act 93 Plans. Administrative compensation is defined as, “…administrator salaries and fringe benefits and shall include any board decision that directly affects administrator compensation such as administrative evaluation and early retirement programs.” Section 1164(a).Other common items often include: paid time off, holidays, unpaid leave, salary increases, professional organization dues, tuition reimbursement, etc.The Plan must include, but shall not be limited to, a description of the program determining administrative salaries, salary amounts, salary schedule, and a listing of fringe benefits. Section 1164(e).
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide12Act 93 Plans – Terms and Conditions
Act 93 Plans must be in writing and shall apply to all eligible school administrators.Act 93 Plans shall continue in effect for the time specified in the Plan, but in no event for less than one school year. Section 1164(d)Many Act 93 Plans seem to be 3-5 years in duration; similar to teachers’ contracts.
Terms of an expired Act 93 Plan continue until new Plan is adopted.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.12
Slide13Act 93 Plans – Tips and Tools
School boards have broad latitude in the use of salary ranges, compensation tiers, base amounts, and adjustment formulas to establish and adjust administrative pay.The school district’s overall compensation philosophy, goals, regional job market, comparison data and economic conditions will likely influence salary approaches.When retirement benefits are discussed, consider defining retirement as “retirement into PSERS.” If post-retirement health insurance benefits are discussed, consider clarifying that “benefits cease upon the death of the retiree.”
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide14Act 93 – Other IssuesAlthough Act 93 Plans are not collective bargaining agreements that may be enforced through the grievance and arbitration process, they remain binding agreements between administrators and the school entity.
Administrators who believe the school district has violated their rights under an Act 93 Plan may sue for breach of contract.Act 93 Plans are not a highly litigated area, but there are occasional cases that come forward.
© 2019 WBK LLC. This presentation is informational only and does not constitute legal advice.
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Slide15Questions?© WBK Legal 2019 This presentation is informational only and does not constitute legal advice.
Slide16Thank You!
Additional comments or questions:
Lisa M. Colautti, Esquirelcolautti@wbklegal.com
Megan M. Turnbull, Esquiremturnbull@wbklegal.comWeiss Burkardt Kramer, LLC
445 Fort Pitt Blvd., Suite 503Pittsburgh, PA 15219Phone: (412) 391-9890© WBK Legal 2019 This presentation is informational only and does not constitute legal advice.
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