Teachers vote to sue

PROVO — The teachers union in the Provo School District decided Thursday to file a lawsuit against the district to protect post-retirement benefits they believe have been unfairly yanked from employees who have paid for them.

The 70 teachers who attended Thursday's meeting also decided to discontinue contract negotiations with the district for the next school year.

Bylaws governing the Provo Education Association prohibit teachers from conducting contract negotiations during the summer hiatus from classes, which means the next time they'll sit for talks with district officials will be in early August.

During the meeting, the teachers overwhelmingly voted for a measure that urges union leaders to change the contracts from "board-policy" agreements to "collective-bargaining" agreements.

Board policy agreements are good-faith contracts signed by district and union officials. Collective bargaining agreements have more teeth — they legally prohibit parties from failing to comply with the contract.

Provo Superintendent Randy Merrill did not return a message Thursday night from the Deseret Morning News seeking comment about the teachers' decisions.

Mike McCoy, attorney for the Utah Education Association, said the next step is to file papers seeking a declaratory judgement in Utah's 4th District Court after he returns from a conference next week. At the conference, he will confer with other attorneys who represent teachers unions across the country who have successfully sued districts in similar situations.

McCoy wants a judge to declare that Provo school employees have a right to receive Medigap, a Medicare supplementary insurance that the district has provided employees.

Last year, unions for employees and district officials agreed to limit Medigap to employees who have at least 20 years with the district and are at least 55 years old by Jan. 1, 2005.

Employees must work for the district and state for 30 years for their spouses to receive Medigap.

Numerous employees who are younger than 55 or who have not worked for the district for the minium years are no longer eligible for Medigap. Many expressed their anger at the district for not honoring a benefit they have paid for.

Provo district officials have said they do not have enough money to continue funding Medigap. Next year's premium is about $780,000. The district also must set aside an additional $1.5 million to $2 million in a fund each year for the next 30 years for future Medigap costs.