A lawsuit seeking to end the long-held practice of allowing the Allentown School District’s teachers union president to be released from classroom duties while still being paid is headed for county court.
On Wednesday, the Pennsylvania Commonwealth Court booted the lawsuit that was filed in February by former school board member Scott Armstrong, Allentown taxpayer Steven Ramos and James Williams, who, as a western Pennsylvania teacher, is part of the Pennsylvania Public School Employees’ Retirement System.
The case was sent to Lehigh Courty Court because a claim in the lawsuit — that current union President Debbie Tretter and former President Melvin Riddick amassed contributions in their pension plans while not working as teachers — became moot for Commonweatlth Court after PSERS revoked those accruals.
The lawsuit against the district, Allentown Education Association and PSERS was filed with the help of the public interest law firm Fairness Center. It seeks to have the union reimburse the district — with interest — for salary, benefits and pension credits, which the lawsuit says exceed $1.3 million since the practice began more than 25 years ago.
Karin Sweigart, deputy general counsel for the Fairness Center, said taxpayers “already have one win on the books” because PSERS revoked the pension credit.
“What the Commonwealth Court has allowed for today is for the practice of release time to have a full airing in front of the Lehigh County Court, and we look forward to continuing to fight for Allentown taxpayers against this union abuse,” Sweigart said.
Since 1990, the Allentown teachers union president has been relieved of teaching to focus on union duties full-time. The union president receives a full-time salary and benefits.
After the lawsuit was filed, PSERS sent a letter dated April 29 to Tretter and Riddick, alerting them that they were ineligible to receive pension contributions during their tenures leading the union. PSERS removed six years of Tretter’s retirement credit and eight years of Riddick’s. They have appealed, but a decision has not yet been made on their appeal.
Tretter has served as union president since 2009. The district has more than 1,000 teachers and about 17,000 students.
In the teachers’ new contract, which was passed in March, Tretter is relieved of teaching to perform union responsibilities. A third-party fact-finder, who formed the framework of the contract, said Tretter had to be relieved of classroom duties to serve as an “instrument for resolution of disputes before they bloom as grievances, unfair labor practice charges, and complaints before various state and local education and fair employment agencies.”
The Pennsylvania State Education Association, the state’s largest teachers union, previously said it supported Tretter being released from teaching duties. It said in large districts, such as Allentown, the union president is often relieved of classroom responsibilities.
During his time on the school board, Armstrong often had a contentious relationship with the teachers union. In one of his last acts as a school director, he attempted to raise the question of whether it was legal for Tretter to remain on the district’s payroll while being released from teaching. His fellow board members, however, did not share his concern and decided not to pursue it.
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