Pay increase before teacher contract ratification

[irish223]

I am a teacher in an Illinois school district. Our teachers' union recently negotiated a tentative agreement with the school board. The contract language has not yet been approved by the union bargaining team, so it hasn't been put before the members for a ratification vote. Nevertheless, the district increased our pay to reflect the new salary schedule in the tentative agreement. In previous bargaining years, our pay was not increased until ratification, and the district paid the increase retroactively.

Many of our members are unhappy with the contract, so ratification was not guaranteed. However, now that the district has increased our pay, we have been told that if the contract is not ratified, the district will deduct the raises from our pay until we have bargained another contract.

Is this correct? The union had no knowledge of the pay increases before the paychecks were issued, so there was no agreement regarding this pay situation.

 

[Michael Wechsler]

Many of our members are unhappy with the contract, so ratification was not guaranteed. However, now that the district has increased our pay, we have been told that if the contract is not ratified, the district will deduct the raises from our pay until we have bargained another contract.

Is this correct? The union had no knowledge of the pay increases before the paychecks were issued, so there was no agreement regarding this pay situation.

If there was no agreement as to the increase in pay, then it would seem you are only entitled to your old pay structure which both of you had prior agreed. Does this not make sense that you wouldn't be entitled to an increase in pay until both parties agreed to a new contract otherwise you are working month to month based upon the old agreement?

 

[irish223]

Old Contract Still Valid During Negotiations?

Thank you for responding.

I absolutely agree that we are not entitled to a pay increase until the contract is ratified, nor did we expect one. Normally, the increases are made after ratification, with the retroactive pay disbursed in a lump sum. However, the district raised our pay before the contract was ratified, and that is a very unusual move on their part. Some feel that this is a tactical move on the district's part to intimidate union members into voting yes on the contract (to avoid deduction of raises on next paycheck), though I understand that this has no effect on the legality of the issue.

I've looked throught the current contract again, and found that in the section on "Salaries" it is stated that salaries in the salary schedule "shall be payable annually in twenty-four (24) equal installments commencing on the fifteenth of September and on the 15th and last day of each month thereafter," and our increases were made on the September 15 paycheck.

Now I suppose my question relates to the validity and terms of the old contract before ratification of the new contract. The union and the district have always abided by the terms of the previous contract until the new one was ratified, even though the contract expires on June 30 of the final year of the contract. So, are the terms of the old contract in effect until the new contract is ratified? If so, then it seems that the district cannot pay us less that 1/24th of our old salary on any given paycheck. If not, then I guess they can do whatever they want with our pay.

Just to be clear, no one wants to cheat the district, or get more than we are entitled to receive. It is the manner in which it is paid that concerns us. When a new contract is ratified, we will either continue to receive the raises in our paychecks, or, if the district reverts back to the old salaries until ratification, we will receive lump sum payments of retroactive pay dating from September 15. Our members' concern is that the district will deduct the pay increases we've received from a single paycheck if the tentative contract is not ratified. That will be a hardship for some.

Sorry to be so wordy, but thanks for any and all advice.