SUNBURY - A Northumberland County judge ordered teachers in Shamokin Area School District Wednesday afternoon to return to the classroom this morning, ending a 12-day strike.
President Judge William H. Wiest's order also requires the teachers union and school board to enter into non-binding arbitration in hopes of reaching a new contract, and it eliminates the chance for a second strike. The arbitration, which is the next step in Act 88 that dictates the course of teachers strikes, could last into the early spring. Contract negotiations between both parties can continue during arbitration.
Under non-binding arbitration, the two sides will jointly select a neutral arbitrator and provide their last best contract offers. The arbitrator has 20 days to issue a report, after which both parties must accept or reject it.
Wiest conferred with the board's attorney, Antonio Michetti, and lawyers from the Pennsylvania State Education Association (PSEA) representing 182 members
of Shamokin Area Education Association (SAEA) in his chambers
prior to making his ruling at a five-minute hearing before a packed audience consisting mostly of teachers, school board members and district officials.
Striking teachers from Line Mountain School District also attended to show their support for their neighboring instructors.
The hearing was held to rule on a court injunction filed by Michetti that requested teachers end the strike Wednesday instead of Friday. Wiest ruled that the strike, which began Sept. 8, ended at 11:59 p.m. Wednesday.
After the hearing, Michetti said, "The winner today were the kids. Essentially, the school board is very happy that the kids will be in school (today), which is something we wanted all along. Hopefully, both sides will continue to negotiate, although there are no formal negotiations set."
Attorney Charles L. Herring of PSEA said Wiest's ruling is in accordance with the law and that the teachers' goal remains the same - reaching a successful resolution on their contract.
"The teachers are glad to return to work," Herring said. "Despite being on strike, the teachers love the children and they love their jobs. The union had to go through the process of striking to reach arbitration."
Although they consented to going back to school today, Herring said the teachers still believe the strike should have been able to continue until Friday in accordance with calculations made by the Pennsylvania Department of Education. If the strike ended Friday, teachers would have been required to return to the classroom Monday.
Elementary teacher and union president Mary Yohe said teachers are prepared to go back to school today and complimented them for their dedication. She also praised the turnout of teachers from Line Mountain, where a strike is in its second week.
Shamokin Area School Director Jeff Kashner, a member of the negotiating committee who was in attendance at the hearing, said, "I'm exited the kids are going back to school. Hopefully, we can work through this and settle on a new contract."
Wiest's order calls for the petition for injunctive relief filed by the school board to be withdrawn and that no unfair labor practice complaint or grievance shall be filed by the teachers association.
The order doesn't require the school district to revise the 2015-16 adopted school calendar and doesn't affect the association's right to challenge the school calendar in accordance with the law or under their contract.
Under the district calendar that was revised due to the strike, the last day of school for students and staff and graduation will be June 30, which will serve as an Act 80 day and the end of the fourth marking period.
Scheduled makeup days are Feb. 8, Feb. 15 and March 24.
Salaries, health care benefits and classroom size were the main issues that led to the strike. Teachers have been working without a new contract for two years.
In presenting the district's case Wednesday, Michetti said the 12-day work stoppage leaves no room for a second strike during the school year because the district calendar has been set and students must finish school by June 30.
Act 88 allows for a second strike, but that possibility couldn't happen now unless the union would challenge the structure of the calendar and, thereby, free up more days for strikes.
Michetti said there is substantial case law that the school calendar is a managerial right inherent to the school board. Past attempts by unions to have them changed have met with little success, he said.
As it is, SAEA on Wednesday didn't object to the calendar, though, as Wiest's order dictates, it retains the right to challenge it.
June 30 at this point is also listed as the date of graduation, though Michetti said the board down the road may look at trying advance that date for the sake of graduates.