State commission rules against use of full-time subs [Ocala Star-Banner, Fla.]

Oct. 29--The state Public Employees Relations Commission has ruled that the Marion County School District cannot legally use certified substitutes to replace full-time teachers.

PERC released an 18-page ruling on Monday, stating that the district unlawfully used certified substitutes in the 2012-13 school year, the year the complaint was filed.

After a hearing officer sided with the school district in June, initially recommending that the full commission dismiss the case, the local teachers union, the Marion Education Association, appealed that finding.

In late August, the entire commission heard the case, finding that the district cannot use full-time substitutes to replace teachers typically covered in negotiated contracts.

"The School District knew or should have known that re-titling of bargaining unit positions to remove work from the bargaining unit was not a legitimate exercise of its management rights and was unlawful," the ruling states.

The order, which was issued by PERC Chairman Mike Hogan and the two other commissioners, states the district must cease and desist from hiring substitutes to fill "vacant teaching positions."

PERC also ordered the school district to pay MEA's attorney fees. PERC did not grant back pay to those who have worked -- or are working -- as certified subs.

PERC stated that the district cannot abolish full-time teaching units at will or at least not without declaring an official financial emergency.

MEA President Chris Altobello said the decision is not a win for the union, but a win for the children of the county.

"They will now have a full-time professional educator in front of them in every classroom," he said.

Lisa Krysalka, the district's executive director of human resources, said Tuesday the district's attorney, Mark E. Levitt of Winter Park, will review its options.

Krysalka said Levitt is currently trying to get clarification on the ruling, specifically whether current full-time substitute teachers must immediately be replaced with full-time teachers or current subs can remain until the end of the year as long as no more are hired.

Krysalka said it will take time, at least several days, to get that clarification on the ruling.

As to whether the district will appeal, "we will have to weigh our options," Krysalka said Tuesday morning.

Altobello called for the district not to appeal and "end this right now." He also urged the district to move all the highly qualified and certified teachers who are currently substitutes to full-time positions immediately.

"There is no need to postpone this," he said.

School Board Chairman Ron Crawford had no comment about the ruling. He said he needed more time to learn more about the decision and the district's next move.

School Board member Nancy Stacy, who has been fighting against the practice, said she has always maintained it is illegal.

"I have fought against this practice ever since I heard about it," Stacy said.

"But the School Board and the administration have always looked at me like I am an alien," she continued. "I just want to tell them all, 'I told you so.' "

Stacy said she is "ashamed and embarrassed to be part of a School Board who had to be told by an agency in Tallahassee to stop devaluing the value of a teacher."

Superintendent of Schools George Tomyn announced in May that he would hire 100 full-time certified substitutes in order to cut the budget. In 2012-13, the district hired at least 50 full-time certified substitutes.

This year's substitutes were initially paid $100 a day -- roughly $19,100 annually -- without health insurance. That's about half the pay of first-year teacher in Marion County.

In September, the board voted to give the full-time certified subs $25,750 annually and health insurance. The pay was still $10,000 less than that of a first-year teacher. If the district has to replace the current full-time substitutes immediately, it will cost as much as $675,000.

In June, a PERC hearing officer initially recommended that the union's unfair labor complaint be dismissed.

That earlier finding stated that, because full-time certified substitutes are not members of MEA, the district could directly negotiate with them.

It further stated that MEA officials had known about the practice for five years but did not bring contract language governing certified substitutes to the district during contract negotiations.

"Therefore, the district is not prohibited from negotiating directly with these employees regarding their wages, hours, and terms and conditions of employment," PERC Hearing Officer Joey D. Rix wrote in a 22-page dismissal recommendation in June.

However, PERC ruled Monday that the initial recommendation was in error and sided with the MEA.

Florida's PERC was created in 1974 to help resolve disputes between public employees and public employers. According to the PERC website, there are more than 600,000 employees of public bargaining units throughout the state.

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Contact Joe Callahan at 867-4113 or joe.callahan@starbanner.com. Follow him on Twitter at JoeOcalaNews.

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