Mount Carmel teachers allege breach of contract

The suit says the diocese did not live up to its promise.

NILES — Six former teachers at the Our Lady of Mount Carmel Schools in Niles have sued the Diocese of Youngstown, saying the diocese failed to keep a promise they say Bishop George V. Murry made in May about keeping the school open.

The lawsuit, filed this week in Trumbull County Common Pleas Court, says that when Bishop Murry failed to fulfill his promise, he committed a breach of contract. The case is assigned to Judge W. Wyatt McKay.

The suit was filed by teachers Patricia Cernick, Mary Dull, Shari Munno and Caroline Razzano of Niles, Margaret Engelbaugh of Youngstown and Kathleen Noble of Girard.

The complaint says the diocese warned in 2006 that it was having financial difficulties running the school. That was followed in March 2007 by the announcement by Pastor Larry Frient that the school would close at the end of the 2006-07 school year.

On May 23, 2007, however, Bishop Murry met with faculty members of the school to discuss the reopening of the school and advised the faculty that it would reopen in the fall of 2007 — if faculty would secure the registration of 72 students, together with a nonrefundable $300 deposit per family by June 18.

Reason for suit

Despite faculty’s meeting all of the requirements, the diocese again announced the closing of the school June 22, the suit says.

Because of this breach of an implied contract, the teachers are entitled to continued employment at the school through the 2008-09 school year at their respective salaries plus all fringe benefits, or else payment of at least $25,000 each.

The suit was filed by attorneys Dennis Haines and Joseph D. Kondela of Youngstown.

Dr. Michael Skube, superintendent of schools for the diocese, said he had not seen the suit and had no comment.

The suit also seeks a retirement/severance payment of $4,500 that was owed to Cernick, Dull and Englebaugh, payable upon their retirement during the 2008-09 school year.

The suit said Munno received a discount of 50 percent of tuition for her work as a teacher. The suit seeks repayment of that 50 percent of tuition for each of her two children.