Procedure for Distribution of Settlement Funds
East High School Lawsuit RE: Sixth Class
The check from the settlement of the lawsuit for the 6th class has been received and is placed in an escrow account, apart and separate from any other PEA accounts. Pamela Cordova, PEA Treasurer, Donna Raught, UniServ Director, Suzanne Ethredge, PEA President and Bret Webster, PEA Vice President are the names listed on the account. Each check distributed will be signed by two of these four people. Checks will be distributed in early 2014.
As you will see, there is a verification process that entails several steps that will be followed in order to make sure that the right people get the right amount of money.
Please consult with your personal tax advisor regarding how you may need to deal with any tax implications.
Please remember, this is a settlement of a lawsuit, not actual wages, which is why it is not PERA includable, however, you may want to consult with PERA regarding options that may benefit you personally. PEA will be providing an IRS Form 1099 to each recipient.
PLEASE REMEMBER THAT ONLY EMPLOYEES WHO WORKED AT EAST HIGH SCHOOL DURING THE SCHOOL YEARS OF 2009-2010, 2010-2011, AND 2011-2012 AND TAUGHT A SIXTH CLASS FOR WHICH THEY WERE NOT COMPENSATED ARE ELIGIBLE FOR MONIES FROM THE SETTLEMENT.
The procedure will be as follows:
1. Download a verification form below. Please look at the form carefully. Please complete the form snd return to PEA.
2. PEA will then begin verifying the forms against the documents used in the lawsuit, such as master schedules and employee lists.
3. Dr. Jane Lillydahl, who was the expert witness used in the trial, will be calculating the individual interest amounts for each person.
4. Monetary amounts will be verified again and then checks will be issued.
5. The calculations used will be made available to you and you will be asked to sign a form verifying the amount you are receiving.
Please note that the amount for an extra class is listed in the Negotiated Agreement in Appendix C as $2767. Remember, this amount will vary by person depending on how many years the extra class was taught and the interest calculation.
As you will see, there is a verification process that entails several steps that will be followed in order to make sure that the right people get the right amount of money.
Please consult with your personal tax advisor regarding how you may need to deal with any tax implications.
Please remember, this is a settlement of a lawsuit, not actual wages, which is why it is not PERA includable, however, you may want to consult with PERA regarding options that may benefit you personally. PEA will be providing an IRS Form 1099 to each recipient.
PLEASE REMEMBER THAT ONLY EMPLOYEES WHO WORKED AT EAST HIGH SCHOOL DURING THE SCHOOL YEARS OF 2009-2010, 2010-2011, AND 2011-2012 AND TAUGHT A SIXTH CLASS FOR WHICH THEY WERE NOT COMPENSATED ARE ELIGIBLE FOR MONIES FROM THE SETTLEMENT.
The procedure will be as follows:
1. Download a verification form below. Please look at the form carefully. Please complete the form snd return to PEA.
2. PEA will then begin verifying the forms against the documents used in the lawsuit, such as master schedules and employee lists.
3. Dr. Jane Lillydahl, who was the expert witness used in the trial, will be calculating the individual interest amounts for each person.
4. Monetary amounts will be verified again and then checks will be issued.
5. The calculations used will be made available to you and you will be asked to sign a form verifying the amount you are receiving.
Please note that the amount for an extra class is listed in the Negotiated Agreement in Appendix C as $2767. Remember, this amount will vary by person depending on how many years the extra class was taught and the interest calculation.
25 September 2013 - SUCCESS!
EAST HIGH SIXTH CLASS LAWSUIT
After many long years, a jury today ruled that District 60 owes high school teachers back pay for the sixth class they have been teaching under the block system! As we understand the ruling, the monetary award was $354,176 for East teachers to be paid $2767 for each year they worked the sixth class and were not paid in accordance with the negotiated agreement.
The PEA Master Agreement has language in the contract that requires the District to pay their teachers 8% of the base salary (which is $2767) if High School teachers are assigned a study hall or a sixth class. During the years in question, the District arbitrarily created an alternating block schedule that had the teachers at East H. S. teaching three classes and a plan on Gold days and three classes and a plan on White days. So, for two consecutive days student were scheduled in eight periods of classes, and teachers taught six classes in those two days.
A BIG THANK YOU goes out to Brad Bartels, our CEA Attorney, for his great work preparing everyone for the trial and his representation during the trial. Brad was a master at presenting the case. A big thank you goes to Bill Maikovich who also represented PEA in the beginning of this whole grievance during the arbitration. We had great witnesses, Leanne Carabelos, Debbie Huismann, Kimber Peaker, Carole Partin and Donna Raught (SPUU UniServ Director) who all testified on behalf of the Association.
The District has chosen NOT to appeal this decision. This is a huge win for the Association and for our teachers at East! Payment due to those teachers affected is in process.
The PEA Master Agreement has language in the contract that requires the District to pay their teachers 8% of the base salary (which is $2767) if High School teachers are assigned a study hall or a sixth class. During the years in question, the District arbitrarily created an alternating block schedule that had the teachers at East H. S. teaching three classes and a plan on Gold days and three classes and a plan on White days. So, for two consecutive days student were scheduled in eight periods of classes, and teachers taught six classes in those two days.
A BIG THANK YOU goes out to Brad Bartels, our CEA Attorney, for his great work preparing everyone for the trial and his representation during the trial. Brad was a master at presenting the case. A big thank you goes to Bill Maikovich who also represented PEA in the beginning of this whole grievance during the arbitration. We had great witnesses, Leanne Carabelos, Debbie Huismann, Kimber Peaker, Carole Partin and Donna Raught (SPUU UniServ Director) who all testified on behalf of the Association.
The District has chosen NOT to appeal this decision. This is a huge win for the Association and for our teachers at East! Payment due to those teachers affected is in process.