Negotiations gKelley Baker, Karen HaaseKelley Baker, Karen Haase

Steve Williams and Bobby TruheHarding & Shultz

(402) 434-3000(402) 434-3000kbaker@hslegalfirm.com khaase@hslegalfirm.com@ g f @ g f

swilliams@hslegalfirm.com btruhe@hslegalfirm.com

H & S School Law @KarenHaase@btruhe

Today’s Agenday g< LB 397 and the CIRLB 397 and the CIR< Preparing for negotiations

Wh ’ i bl d h ’< What’s negotiable, and what’s not< Negotiations techniques and tacticsNegot at o s tec ques a d tact cs

LB 397 Changesg< Significantly reforms Commission of Industrial Relations Act< Effective date: July 1, 2012y ,< Effective for the 2013-14 contract year < Negotiations begin and end much< Negotiations begin and end much earlier (they begin this fall)< Issues will no longer be “moot”<Changes the CIR Midpoint Rangeg p g

LB 397 Changesg< Negotiated agreements must be in writing, signed by the parties, and contain:< A salary schedule or objective method y j

of determining salaries< A description of benefits with a specific< A description of benefits with a specific

level of any group insurance coverage ith d ll t t fwith a dollar amount or percentage of

premiums to be paid, and by whom< A continuation clause

Timelines< Sept. 1st: Teacher association requests recognition as exclusive bargaining agentrecognition as exclusive bargaining agent< October 1st: Board responds to request< N b 1st N ti ti t b i< November 1st: Negotiations must begin< February 8th: If there is no agreement, parties submit to resolution officer< March 25th (or w/in 25 days of state aid ycertification, whichever later): Negotiations, fact finding, and mediation must endfact finding, and mediation must end< September 15th: CIR must issue decision

Recognition< Recognition -- The NSEA has requested

iti f t h i tirecognition of teacher associations:<As exclusive bargaining agents for

certificated non-supervisory personnel<For 2012-13 and 2013-14 contract yearsy

< Boards must respond by October 1st

< The NSEA will initiate certification< The NSEA will initiate certification proceedings in the CIR if boards don’t

d tlrespond promptly

Bargaining Sessionsg g< Minimum of 4 bargaining sessionsMinimum of 4 bargaining sessions<Unless the parties reach agreementP i b i d< Parties must submit to mandatory

mediation or fact finding if they don’t ed at o o act d g t ey do treach agreement by February 8th

U l b th ti t f<Unless both parties agree to forego mediation or fact findingg

Resolution Officer< Resolution Officer – the mediator or fact finder appointed by the CIR< CIR provides list of 5 names< CIR provides list of 5 names< Parties alternately strike names < The resolution officer:< Determines issues in dispute< Determines issues in dispute< Accepts stipulations< Schedules hearings

Resolution Officer< Sets rules of conduct for conferences< May order additional mediation < Takes any other action to aid inTakes any other action to aid in resolving the dispute

D t lt ith t< Does not consult with one party without the other party’s permission p y p< Not bound by strict rules of evidence< Non attorneys may represent parties< Non-attorneys may represent parties

Resolution Officer< Officer decides which issues were:Officer decides which issues were:< In dispute

N ti t d i d f ith< Negotiated in good faith < Not agreed upon

< Limits decision to issues in dispute< Must choose the most reasonable final< Must choose the most reasonable final offer on each issue in dispute

Resolution Officer< Decides which issues were:Decides which issues were:<In dispute

N i d i d f i h<Negotiated in good faith<Not agreed uponNot ag eed upo

< Limits issues to those in disputeM t h th t bl< Must choose the most reasonable

final offer on each issue in disputef ff p

Action/Petition in the CIR< Dissatisfied party may file an action in the CIR w/in 14 days of officer’s decision< Not an appeal of officer’s decisionpp

< CIR is limited to deciding issues that the officer held were in disputethe officer held were in dispute< CIR will decide issues on comparability, not most reasonable final offer< CIR must issue its decision by Sept. 15thy pof the contract year in question

Total Compensationp< The CIR must consider employers’ payment of/contribution to:< Health insurance premiums< Health insurance premiums,

premium equivalent payments, or cash equivalent payments

< FICA payments< FICA payments< Retirement payments

The “CIR Midpoint”p< The “CIR midpoint” is the average of the true midpoint and the average total compensation of an arraytotal compensation of an array

98-102% Midpoint Range p g< During normal economic times (non recessionary times)< The CIR must determine whether< The CIR must determine whether

the district’s total compensation is within 98-102% of the midpoint

<If it is the CIR will not order a<If it is, the CIR will not order a change

Up to 98%, Down to 102%p ,< If the total compensation is less than 98%, the CIR will order it raised to 98% of the midpointto 98% of the midpoint< If the total compensation is more than 102%, the CIR will order it lowered to 102% of the midpointlowered to 102% of the midpoint

93-107% Midpoint Range p g< If the total compensation is less than 93% of the midpoint, the CIR will order it raised to 98% in threewill order it raised to 98% in three equal annual increases< If the total compensation is more than 107% of the midpoint the CIRthan 107% of the midpoint, the CIR will order it lowered to 102% in three equal annual increases

Recessionary Occurrencey< There is a “Recessionary occurrence” when, in:

< the two quarters immediately preceding the effective date of the contract term in which net (i) state sales and use tax,(ii) individual income tax, and (iii) corporate income tax receipts are less than the same quarters for the prior year.

< During a recessionary occurrence, the u g ecess o y occu e ce, erange will be 95 to 102% of the midpoint

Preparing for Negotiationsp g g

Good Faith Bargainingg g< Good faith bargaining involves theGood faith bargaining involves the obligation to:

M bl i< Meet at reasonable times< Discuss mandatory itemsscuss a dato y te s< Genuinely consider and respond

t th ’ lto others’ proposals< It does not require the board to qconcede on any issues

Preparing for Negotiationsp g g< Review the negotiated agreementg g’ Board review’ Administrator review’ Administrator review$Improve provisions$Eliminate provisions$Why$Why$How

Preparing for Negotiationsp g g< Review grievancesg< Review other districts’ contracts< Perform a comparability study< Perform a comparability study< Develop a full list of board issues< Raise all the issues

Know the Foe

Common NSEA Proposals

Administering Negotiationsg g< Control the recordkeepingp g< Control the wording

R d th t t< Read the contract< Every timey

Setting Ground Rulesg< Date for conclusion -- statutory< Beginning and ending times< Submit proposals in advance< Submit proposals in advance< Cost out proposals< Cooperatively establish placement< Rationale for each proposalRationale for each proposal< Tentative nature of agreement

Si i< Signing party

What is Negotiable?g< Mandatory< Mandatory< Permissive< Prohibited

Salary Scheduley< MandatoryMandatory

Work Day y< Permissive< Permissive

Class Size< Permissive

Bonus/Incentive Paymentsy< MandatoryMandatory

Health Insurance Carrier< Health Insurance Coverage isHealth Insurance Coverage is Mandatory

Health Insurance Carrier< Health Insurance Coverage isHealth Insurance Coverage is Mandatory

C i i P i i< Carrier is Permissive

Reduction-in-Force PolicyReduction in Force Policy< Permissive< Permissive

Curriculum< Prohibited< Prohibited

Extra-Duty Assignmentsy g

< Permissive

Personal Leave< Mandatory

School Calendar< Permissive< Permissive

Number of Work Daysy< PermissivePermissive

Economic Effect< Though the board may not have to g ynegotiate an issue, it must negotiate the economic effect of the issue (e g ):economic effect of the issue (e.g.):’ Length of school year’ Planning time

Duties of Paraprofessionals

< Prohibited< Prohibited

Planning Timeg

< Permissive< Permissive

Subcontractingg< Prohibited< Prohibited

Early Separationy p< PermissivePermissive

Grievance Procedure

< Mandatory< Mandatory

Evaluation Systemy< Prohibited

Professional Developmentp< PermissivePermissive

Substitute Payy< Prohibited< Prohibited

Probationary Periody

P hibit d< Prohibited

Definition of the Bargaining Unit

McCook E.S.P. Assn. v. Red Willow Co. Dist. 17< NSEA tried to organize all classified into a single unit< District ObjectedDistrict Objected< CIR ruled for District:

S ff diff d k dl i h i’ Staff differed markedly in their wages, working conditions, skillswages, working conditions, skills and duties.

Delperdang v. U.E.W. < Bargaining unit established in 1995 included maintenance workers, custodians and secretariescustodians and secretaries< Secretaries outvoted; wanted own unit

CIR l d f t i< CIR ruled for secretaries’ Work, pay, schedules all different’ Secretaries can now bargain directly with the districtwith the district

So, Who Is In The Unit?< Those with similar duties, working , gconditions and pay

T h = it d t i l d< Teachers= unit does not include:’ Administrators/Supervisorsp’ Aides/Paras’ Nurses’ Nurses’ Substitutes’ School psychologist, speech path?

Commission of Industrial Relations

Increase Base Salaryy< Yes< Yes

Reduce Base Salaryy< TheoreticallyTheoretically

Change Health Insurance Carriers

< No

Adopt Grievance Procedurep< Yes< Yes

Offer Early Retirementy< No

Continuation Clause< Yes, but . . . ,

AMea Culpa@ NoticeMea Culpa Notice< Yes but< Yes, but . . .

Pay a Teacher Morey< Yes< Yes

Hold Board Members Personally Liabley

< No

Fire Administrators< NoNo

Allow Personal Use of Phones and Computers

< No

Provide Dental Coverage

< Not unless it=s a prevalent practicepractice

Comparability

Table Manners

Fundamental Conceptsp< Get the other side to commit first< Get the other side to commit first< Act dumb, not smart< Think real money, but talk funny moneymoney< Concentrate on the issues

Tactics and Techniques

Ask for More Than You Expect To Getp

< You might get it< It gives you room to maneuver< You can make bigger concessions< You can make bigger concessions< Increases perceived value of your offer< Helps avoid deadlocksHelps avoid deadlocks

Nothing for Nothing< Don=t give anything away!!g y g y< “If we do that for you what will you do for us?@you do for us?’You might get something’Elevates value of concessionconcession

Feel, Felt, Found< AI know exactly how you feel@y y< AI=ve felt that way myself@AI= f d th t @< AI=ve found that . . . @

The Call Girl PrincipleThe Call Girl Principle

The Call Girl Principlep< Get a Reciprocal pConcession Right Away

Bracketingg< Your initial proposal should be anYour initial proposal should be an equal distance on the other side of

bj ti th i lyour objective as their proposal’ Association wants $1,200 increase$ ,’ You=re willing to give $1,000

Off th 800’ Offer them 800

Tapering Concessionsp gConcessions Create Expectations

< Don't make equal size concessions< Don't make the last one the big one< Don't make the last one the big one< Don=t give it all away up front< Don=t test the waters< The right way to make concessions< The right way to make concessions

Good Cop/Bad Copp p

Good Cop/Bad Cop< How to use it< How to respond to it

Id tif it’ Identify it’ Create own bad guyg y’ Let the bad guy talk

Nibbling< How to nibble< How to respond ’ make them feel’ make them feel cheap, in a good-natured way’ Address all details’ Address all details’ Make them feel they won.

The Flinch< React with shock and surprise to pthe other side=s proposals

Appeal to Higher Authority pp g y

Appeal to Higher Authority pp g y< Retain your ability to appeal to< Retain your ability to appeal to higher authority< Counter Gambit’ Appeal to their ego’ Appeal to their ego’ Commitment of recommendation

Q lifi d A bj t t @’ Qualified Asubject to@

Position the Other SideFor Easy Acceptancey p

< Last minute, small concession

Don=t Offer toSplit the Differencep

The Vise< You'll have to do better than that.

C t< Counter:’ Exactly how much ybetter do I have to do?do?

Let Things Take Timeg

What if You Just Can=t Settle?

Consider an Outside Negotiator

Bargaining Scenariosg g

Negotiations gKelley Baker, Karen HaaseKelley Baker, Karen Haase

Steve Williams and Bobby TruheHarding & Shultz

(402) 434-3000(402) 434-3000kbaker@hslegalfirm.com khaase@hslegalfirm.com@ g f @ g f

swilliams@hslegalfirm.com btruhe@hslegalfirm.com

H & S School Law @KarenHaase@btruhe