COLLECTIVE BARGAININGCOLLECTIVE BARGAINING

Presented Presented June 20, 2012June 20, 2012EDU 718EDU 718Dr. Anthony KnightDr. Anthony Knight

• Jon DuimJon Duim

• Juan HerreraJuan Herrera

• Barry StockhamerBarry Stockhamer

It is the supreme art of the teacher to awaken joy in creative expression and knowledge.-- Albert Einstein

Collective Bargaining Collective Bargaining Definition: A process of negotiations between Definition: A process of negotiations between employers and a group of employees employers and a group of employees (a union) aimed at reaching agreements (a union) aimed at reaching agreements that regulate working conditions. that regulate working conditions.

Major Certificated Unions in CAMajor Certificated Unions in CA• California Teachers Association (CTA): California Teachers Association (CTA): Membership 340,000. Membership 340,000. • California Federation of Teachers (CFT): California Federation of Teachers (CFT): Labor alternative to CTA 120,000 members. Labor alternative to CTA 120,000 members. • United Teachers of Los Angeles (UTLA): United Teachers of Los Angeles (UTLA): 35,000 members. Originally CTA/CFT blend.35,000 members. Originally CTA/CFT blend.

CTA History of Activism in CACTA History of Activism in CA

• 1866 – Free public school in CA1866 – Free public school in CA• 1867 – Free public schools for non-whites 1867 – Free public schools for non-whites • 1878 – Bans public funds for religious schools1878 – Bans public funds for religious schools• 1911 – Free textbooks for all students 1-81911 – Free textbooks for all students 1-8• 1912 – Teacher tenure and due process1912 – Teacher tenure and due process• 1913 – CA State Teacher’s Retirement System1913 – CA State Teacher’s Retirement System• 1975 – Collective Bargaining – Educational 1975 – Collective Bargaining – Educational Employee Relations Act (Rodda Act)Employee Relations Act (Rodda Act)

A force in defeating voucher initiatives, passing school bonds, A force in defeating voucher initiatives, passing school bonds, propositions. Passed Prop. 98 in 1988: 40% general funds go propositions. Passed Prop. 98 in 1988: 40% general funds go to schools.to schools.

Text: Webb & Norton

Human Resources personnel may play key role in CB negotiations

“

Educational Employee Relations ActEducational Employee Relations ActCOMPROMISE: public education unions and employers. COMPROMISE: public education unions and employers. Established Educational Employee Relations Board (EERB)Established Educational Employee Relations Board (EERB)

DUTIES: DUTIES: Meet & consult, good faith bargaining, sunshining.Meet & consult, good faith bargaining, sunshining. Established the Public Employment Relations Board (PERB)Established the Public Employment Relations Board (PERB)

Scope of Bargaining:Scope of Bargaining:

• Health and welfare benefits LeavesHealth and welfare benefits Leaves• Transfer and reassignment Safety conditionsTransfer and reassignment Safety conditions• Class size Eval. proceduresClass size Eval. procedures• Organizational security Grievance Organizational security Grievance • Probationary certificated Probationary certificated employee layoffsemployee layoffs

Collective Bargaining Collective Bargaining

Hot IssuesHot Issues

Salary CutsSalary Cuts

• Gov. Jerry Brown: Gov. Jerry Brown: $15.7 Billion deficit thru June, 2013.$15.7 Billion deficit thru June, 2013.

• Teachers salary cut 5.5% statewide forTeachers salary cut 5.5% statewide for 2011-2012 school year. This surpasses 2011-2012 school year. This surpasses 3% cut from previous school year.3% cut from previous school year.

• Approx. 37 Calif. school districts Approx. 37 Calif. school districts recorded teacher pay cuts last year.recorded teacher pay cuts last year.

Class SizesClass Sizes

• Approx. 15,000 teachers cut last school Approx. 15,000 teachers cut last school year in California.year in California.

• Most cuts came from the top and bottom Most cuts came from the top and bottom of pay scale.of pay scale.

• Cuts = larger class sizesCuts = larger class sizes

• Larger class sizes = less individualized Larger class sizes = less individualized attention to the studentsattention to the students

Furlough DaysFurlough Days• In an attempt to balance their budgets, In an attempt to balance their budgets, many school districts have offered to many school districts have offered to shorten the school year.shorten the school year.

• Number of furlough days varies by each Number of furlough days varies by each district. For upcoming school years tied district. For upcoming school years tied to outcome of November ballot measureto outcome of November ballot measure

• Furloughs= less instructional days. Furloughs= less instructional days. They affect various stakeholders.They affect various stakeholders.

http://www.youtube.com/watch?v=5kxc6kzH-uI&feature=related

Student Achievement and CB: Student Achievement and CB: Research InconclusiveResearch Inconclusive

Webb/Norton: PRAM model (explore Webb/Norton: PRAM model (explore common interests, win-win, )common interests, win-win, ) • Preparation and FramingPreparation and Framing. School board and union examine . School board and union examine their own situation. Develop important issues. their own situation. Develop important issues.

• Bargaining Over How to BargainBargaining Over How to Bargain. Decide ground rules for . Decide ground rules for negotiations. negotiations.

IIIIII. Opening and Exploring.. Opening and Exploring. Opening statements, options, Opening statements, options, Brainstorming.Brainstorming.

IVIV. Focusing and Agreeing.. Focusing and Agreeing. The ‘what ifs’ and ‘supposals’ set forth The ‘what ifs’ and ‘supposals’ set forth and the draft agreements are created. and the draft agreements are created.

V.V. Implementation and Administration Implementation and Administration. Effective joint . Effective joint implementation thru visions, strategic plan, negotiated change.implementation thru visions, strategic plan, negotiated change.

Harvard Law School’s Program on NegotiationHarvard Law School’s Program on Negotiation

Class Exercise….Class Exercise….• Groups of 4-6.Groups of 4-6.• Take Union or School Board PositionTake Union or School Board Position on : Merit Pay, Tenure, Length of CB on : Merit Pay, Tenure, Length of CB agreement, Furlough Daysagreement, Furlough Days• Each group faces a budget cut of 15% in each Each group faces a budget cut of 15% in each

of next 2 years. History: Mistrust.of next 2 years. History: Mistrust.• Make up data.Make up data.• What flexibility will you show and why?What flexibility will you show and why?• Distributive (adversarial) or Win-Win BargainingDistributive (adversarial) or Win-Win Bargaining

Negotiators: It’s The RelationshipNegotiators: It’s The Relationship““Try to remember and envision that [union Try to remember and envision that [union

representatives] are people who care about kids representatives] are people who care about kids and families and are trying to do the right thing.and families and are trying to do the right thing.

““They are not the enemy. I think it helps you to try They are not the enemy. I think it helps you to try to work toward reaching solutions that you both to work toward reaching solutions that you both can live with”can live with”

““I don’t think you can emphasize enough the I don’t think you can emphasize enough the importance of the relationship piece in importance of the relationship piece in bargaining” bargaining”

““You will want to look at the long range history, ‑You will want to look at the long range history, ‑and where [you have] been in the last 10, 15, and where [you have] been in the last 10, 15, 20 years. …”20 years. …”

Example of Collective BargainingExample of Collective Bargaining• http://http://www.youtube.com/watch?vwww.youtube.com/watch?v=_JmA2ClUvUY=_JmA2ClUvUY

Public Opinion…WisconsinPublic Opinion…Wisconsin• Rep. Gov. Walker publicized implications of collective Rep. Gov. Walker publicized implications of collective

bargaining, outrageous behavior unions have bargaining, outrageous behavior unions have institutionalized. institutionalized.

• Milw. teacher Megan Sampson’: Less than a week Milw. teacher Megan Sampson’: Less than a week after the Wisc. Council English Teachers named her after the Wisc. Council English Teachers named her “Outstanding First Year Teacher,” she lost her job. “Outstanding First Year Teacher,” she lost her job.

• CB agreement decisions based on seniority, not merit. CB agreement decisions based on seniority, not merit. • Teachers’ union refused lower-cost health care plan. Teachers’ union refused lower-cost health care plan. • Sampson: “Given the Sampson: “Given the opportunity, I would switch to a opportunity, I would switch to a different plan to save my job, different plan to save my job, or the jobs of 10 other teachers.”or the jobs of 10 other teachers.”

When Negotiations Fail…When Negotiations Fail…

• IMPASSE:IMPASSE: Good faith efforts fail. Good faith efforts fail.• MEDIATION:MEDIATION: Neutral 3 Neutral 3rdrd party to assist. party to assist. Lack power for binding agreement.Lack power for binding agreement.• FACT FINDING to ARBITRATIONFACT FINDING to ARBITRATION: : Arbitrator decisions can be binding.Arbitrator decisions can be binding.• STRIKES:STRIKES: If impasse resolution fails, If impasse resolution fails, teachers may strike to persuade/coerce. teachers may strike to persuade/coerce. If illegal in the state, fines permitted.If illegal in the state, fines permitted.• LOCKOUT:LOCKOUT: Employer tactic counter Employer tactic counter to strikes.to strikes.

WHEN THINGS GO RIGHT….

RATIFICATION:

Board and Union

meet, review,

discuss, vote

NEW CONTRACT

Collective Bargaining

Tournament of Champions