ACC-Teacher Union Lawsuit Saga End in Sight
A decade-long lawsuit may soon be over after the Auburn Career Center and teacher’s union signed an agreement April 8.
A decade-long lawsuit may soon be over after the Auburn Career Center and teacher’s union signed an agreement April 8.
In 2011, the Career and Technical Association (teacher’s union) sued ACC for back wages.
After numerous failed appeals from ACC, Lake County Court of Common Pleas Judge Patrick Condon ordered the school to pay $1,486,045 to multiple current and former teachers in 2021.
A second order was filed late in 2023 to clarify the distribution of funds, saying teachers were entitled to the money “less governmental withholding and the stipulated amounts owed to (State Teachers Retirement System).”
With CATA and ACC clashing over the meaning of the clarification, no funds were paid.
CATA filed a motion for contempt in December 2024 and the case once again entered Condon’s courtroom Feb. 20. No resolution was reached during that hearing and the case was continued to April 11.
CATA filed for a motion to postpone the hearing April 9, citing an agreement between both parties as the reason.
ACC’s board of education unanimously passed the agreement during their April 8 meeting, with little comment from anyone in the room.
Superintendent Brian Bontempo did not respond to a request for comment prior to press deadline.
ACC agreed to pay the $1.4 million to the teachers “less the employee’s share of governmental withholdings and the amounts designated … as the employee’s STRS contribution, the total of which is $188,108.”
ACC will also be responsible for its share of payroll taxes and STRS contributions, amounting to $208,046, and will be responsible for any interest or penalties decided by STRS, according to the agreement. These amounts are to be treated and reported as W-2 wages.
“Typically, a portion of the employee’s paycheck comes out from the employee to go to the STRS, and the employer has to make a separate contribution. We’ve made it clear in this agreement that only the employees’ share is to be deducted from that $1.4 (million) for each of the teachers’ own amounts,” CATA attorney Ira Mirkin said in an April 14 phone call.
The employer will separately pay STRS for their share, he said.
The board must also pay 3% interest per year from Oct. 14, 2021, to the date of each employee’s payment. This will be done via separate check, with the interest due totalling $159,601, according to the agreement.
ACC has 30 days to satisfy the terms of the agreement, after which CATA will file a motion indicating the judgement has been fully paid and withdraw their motion for contempt, including requests for ACC to pay attorney fees.
If the agreement is not satisfied by April 30, CATA may continue to pursue its motion for contempt.
