The Lee County teachers union has filed an unfair labor practice charge against the School District of Lee County, accusing district leaders of illegally implementing a new teacher incentive pay plan without negotiating with the union.
The Teachers Association of Lee County, TALC, submitted the filing to the Public Employees Relations Commission Friday, Aug. 15. The filing claims the district bypassed collective bargaining rights by unilaterally enacting a selective compensation program.
“Due to the pending litigation, it is inappropriate to comment,” district spokesperson Robert Spicker said in an email. The district has previously argued that state law gives it authority to offer certain incentives outside of bargaining.
The union’s unfair labor practices complaint came at the end of the first week of classes for the 2025-26 school year. About 102,000 students attend traditional and charter schools in the district, which employs about 5,800 teachers among its 13,000 employees.
What is the incentive plan?
The “Honoring Our Educators: Teacher Incentive Initiative” was unanimously approved by the Lee County School Board June 3.
The plan offers annual bonuses of up to $9,000 for eligible teachers, with amounts determined by a school’s “education risk rating” and whether teachers work in “critical and complementary subject areas” such as:
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Grades 3–10 English Language Arts
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Algebra 1, Geometry and Biology
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Exceptional Student Education (ESE) K-12
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Speech-Language Pathology and School Psychology
A relocation bonus of $3,000 to $5,000 is also available for teachers moving to Lee County to fill shortage areas. The incentives apply only to full-time “teachers of record,” excluding administrators, support staff and substitute teachers.
Denise Carlin addresses supporters during her election night watch party hosted at The Club at Pelican Preserve in Fort Myers, Tuesday, Nov. 5, 2024. Republican candidates gathered to celebrate victories including the school superintendent race, which was won by Carlin.
In a district video explaining the incentives, Superintendent Denise Carlin said, “This is an additional strategic investment in the educators who are making a measurable impact and reflects our belief that great teaching should be recognized and supported in meaningful ways.”
Carlin said her focus is making sure every classroom has a certified teacher, stressing that incentives are meant to encourage educators to take on more challenging assignments. She framed the plan as a way to improve achievement opportunities for all students, particularly in schools with numerous vacancies, and said she has a duty to “stand up for what’s right for children” across the entire district.
“Children do not have a union,” she said. “I am not the superintendent for a particular area of our county. I am superintendent of all 100,000-plus of our students.”
Why is the Lee County teachers union opposing the incentive pay?
TALC President Kevin Daly called the move “an unlawful end-run around the bargaining process and a blatant attempt to divide educators into ‘haves and have-nots.’”
“The integrity of the collective bargaining process is on the line,” Daly said. “If the district can ignore the law on pay, they can ignore it on anything. We will not allow that precedent to stand.”
When the incentive initiative first passed, Daly said that while the union helped develop a risk-rating tool months ago, the new pay structure was never presented for bargaining. “This is a pay cut for the many, disguised as help for the few,” Daly said, adding that most educators will receive nothing.
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During a school board meeting June 3, Kerr Fazzone, the union’s chief negotiator, accused the district of “choosing to bypass bargaining… and to push through a sweeping compensation plan without agreement.” He added, “TALC is not trying to block compensation, but we insist on doing it legally and collaboratively.”
Fazzone also challenged the district’s legal authority to move forward without union consent. “Statute 1001.42 does not override our ratified agreement, and 1008.33 requires an MOU for these things to happen, and you don’t have a signed MOU.” A memorandum of understanding, or MOU, is a formal, non-binding agreement outlining the intentions or goals of involved parties.
The district, however, maintains that its actions are within legal bounds and that the incentive plan is not subject to collective bargaining.
“State law is clear that we have the authority to offer incentives outside of bargaining, so we are,” Spicker said in an email to The News-Press in June.
Carlin pointed to Florida statutes that authorize school boards to provide salary incentives based on certification, subject area or grade level taught. She said this authority is separate and distinct from the ongoing bargaining process
When it passed, some teachers expressed frustration that improving school grades can make them ineligible for incentives. Sarah Matthews, a first-grade teacher at Mirror Lakes Elementary, shared her thoughts in a TALC press release.
The incentive focuses on underperforming schools, she said, adding that because her school improved from a ‘D’ to nearly an ‘A’ rating, teachers there are now excluded from benefits.
“It sends a message that only failure is funded, and success is punished,” Matthews said. “That’s not sustainable. It’s not right. And it’s not how you retain dedicated teachers.”
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Has this happened before?
This is not the first time TALC has challenged the district over pay outside of bargaining.
In August 2023, the union filed a grievance over the district’s decision to stop paying teachers for class coverage using Elementary and Secondary School Emergency Relief, ESSER, funds. The union argued the contract required $8.2 million per year in ESSER coverage pay for both fiscal years 2023 and 2024.
The district countered that the figure was an estimate toward a three-year total of $26.4 million and said it had already spent roughly $34 million on class coverage during the first two years, exceeding the allotment.
An arbitrator ruled in TALC’s favor in August 2024, finding the district had violated the contract by failing to pay and to share required data. The district was ordered to pay up to $5.5 million to teachers who covered classes in FY2023–24.
The next collective bargaining session between the district and TALC is scheduled for Tuesday, Aug. 19.
Mickenzie Hannon is a watchdog reporter for The News-Press and Naples Daily News, covering Collier and Lee counties. Contact her at 239-435-3423 or mhannon@gannett.com.
This article originally appeared on Fort Myers News-Press: Lee County teachers union disputes school district incentive pay plan
