A fact-finding hearing was held last Friday regarding the contract negotiations between South Butler School District and teachers union — despite the district's concerns about the fact finder.

The district released a negotiations update claiming that it requested a new fact finder because of concerns that the fact finder lacked neutrality. That request was denied by the Pennsylvania Labor Relations Board.

“The board's accusations are completely unfounded per the labor board's decision,” said teachers union representative Brooke Witt.

The district and union have been involved in a contract dispute since 2014, when the last contract expired. If settled, the current contract would expire in 2020.

The union filed a request July 10 for a fact-finding process, which would aim to objectively determine the facts of the contract dispute.

The district expressed in the update “serious concerns regarding the legitimacy of this process” because of contact between Witt and fact finder Jane DeSimone.

The negotiations update also noted that Witt had spoken with Pennsylvania Labor Board secretary Larry Cheskawich regarding the fact-finding process.

The district released emails between Witt and school board solicitor Tom Breth, who expressed concern in an email to Cheskawich that Witt had tried to influence selection of a fact finder by calling Cheskawich.

Witt responded by email and told Breth that she was contacted by Cheskawich to confirm receipt of the union's fact-finding request.

She said that she noted to Cheskawich that Marc Winters was previously the fact finder for the past two hearings between the district and union, with neither resulting in a settlement.

“Those facts were simply what was shared with Mr. Cheskawich as I believe they are important to the bargaining history between the parties,” Witt said in the email.

Witt also said that Winters was impartial and experienced in fact-finding processes, and that she did not advocate for any specific person to be the fact finder.

“Why you have the conversation in the first place is beyond the (school) board's understanding,” Breth said Thursday.

In 2015, Winters conducted a fact-finding hearing regarding the ongoing contract negotiations between the district and union. Winters' findings were approved by the school board but rejected by the union.

DeSimone was selected to be the fact finder July 18. Breth sent an email to Cheskawich expressing concern over the selection.

“I am familiar with fact finder DeSimone and I find her to be both inexperienced and lacking in the skills necessary to assist the parties in this case,” Breth said in the email.

Witt said in an email to Breth that by contacting Cheskawich to express concern over DeSimone as the fact finder, he was attempting to influence the fact-finding process.

“It seems your conduct and demand to the (labor board) to change their appointment only after the board selected someone who you opine to be 'inexperienced and lacking the skills necessary to assist the parties in this case' (based on my conduct you acknowledge you were aware of over a week ago) mirrors the reckless conduct you have accused me of engaging in, and which would certainly allow you and the board of school directors to taint the fact-finding process,” Witt said in the email.

She also said in the email that she provided DeSimone with a hearing date of Aug. 8, and requested Breth confirm his availability or provide additional dates.

Breth expressed concern about Desimone's neutrality, citing an email exchange among DeSimone, Witt and union President Ian Babb that Breth said happened without his knowledge.

The district released the exchange, in which Witt relayed to DeSimone her schedule and requested the hearing date be Aug. 8.

Breth sent an email to Cheskawich and Witt expressing concern that he was not included in Witt's exchange with DeSimone.

“This is yet another clearly inappropriate ex-parte communication outside of my presence and without my knowledge,” Breth said in the email.

Witt said Thursday that Breth's exclusion in Desimone's email was the result of DeSimone mistaking Babb to be the solicitor. Breth said he was told of the reason for the error, but that it did not assuage the board's concerns.

Witt noted that DeSimone, then Jane Minnich, was the arbitrator for the contract dispute in 2014 and ruled in favor of the school board.

The district requested a new fact-finder July 21, citing concerns over Desimone's neutrality. The labor board denied the request.

“Upon consideration and review of district's motion, Act 88 and the board's rules and regulations, the district's motion is denied,” the labor board's response read.

Breth said the district was not given a specific reason for the denial. A fact-finding hearing was held last Friday, and the results will be released Monday.

The labor board had no comment on contract negotiations or the district's update. DeSimone did not respond to a request for comment Thursday.