June 19 collective bargainin presentation june 20 (3)
COLLECTIVE BARGAINING Presented June 20, 2012 EDU 718 Dr. Anthony Knight • Jon Duim • Juan Herrera • Barry Stockhamer
It is the supreme art of the teacher toawaken joy in creative expression andknowledge.-- Albert Einstein
Collective Bargaining Definition: A process of negotiations between employers and a group of employees (a union) aimed at reaching agreements that regulate working conditions. Major Certificated Unions in CA• California Teachers Association (CTA): Membership 340,000.• California Federation of Teachers (CFT): Labor alternative to CTA 120,000 members.• United Teachers of Los Angeles (UTLA): 35,000 members. Originally CTA/CFT blend.
CTA History of Activism in CA• 1866 – Free public school in CA• 1867 – Free public schools for non-whites• 1878 – Bans public funds for religious schools• 1911 – Free textbooks for all students 1-8• 1912 – Teacher tenure and due process• 1913 – CA State Teacher’s Retirement System• 1975 – Collective Bargaining – Educational Employee Relations Act (Rodda Act) A force in defeating voucher initiatives, passing school bonds, propositions. Passed Prop. 98 in 1988: 40% general funds go to schools.
Text: Webb & NortonHuman Resources personnelmay play key role in CBnegotiations“
Educational Employee Relations ActCOMPROMISE: public education unions and employers. Established Educational Employee Relations Board (EERB) DUTIES: Meet & consult, good faith bargaining, sunshining. Established the Public Employment Relations Board (PERB) Scope of Bargaining:• Health and welfare benefits Leaves• Transfer and reassignment Safety conditions• Class size Eval. procedures• Organizational security Grievance• Probationary certificated employee layoffs
Salary Cuts• Gov. Jerry Brown: $15.7 Billion deficit thru June, 2013.• Teachers salary cut 5.5% statewide for 2011-2012 school year. This surpasses 3% cut from previous school year.• Approx. 37 Calif. school districts recorded teacher pay cuts last year.
Class Sizes• Approx. 15,000 teachers cut last school year in California.• Most cuts came from the top and bottom of pay scale.• Cuts = larger class sizes• Larger class sizes = less individualized attention to the students
Furlough Days• In an attempt to balance their budgets, many school districts have offered to shorten the school year.• Number of furlough days varies by each district. For upcoming school years tied to outcome of November ballot measure• Furloughs= less instructional days. They affect various stakeholders.
Student Achievement and CB:Research Inconclusive
Webb/Norton: PRAM model (explorecommon interests, win-win, )• Preparation and Framing. School board and union examine their own situation. Develop important issues.• Bargaining Over How to Bargain. Decide ground rules for negotiations.III. Opening and Exploring. Opening statements, options, Brainstorming.IV. Focusing and Agreeing. The ‘what ifs’ and ‘supposals’ set forth and the draft agreements are created.V. Implementation and Administration. Effective joint implementation thru visions, strategic plan, negotiated change. Harvard Law School’s Program on Negotiation
Class Exercise….• Groups of 4-6.• Take Union or School Board Position on : Merit Pay, Tenure, Length of CB agreement, Furlough Days• Each group faces a budget cut of 15% in each of next 2 years. History: Mistrust.• Make up data.• What flexibility will you show and why?• Distributive (adversarial) or Win-Win Bargaining
Negotiators: It’s The Relationship“Try to remember and envision that [union representatives] are people who care about kids and families and are trying to do the right thing.“They are not the enemy. I think it helps you to try to work toward reaching solutions that you both can live with”“I don’t think you can emphasize enough the importance of the relationship piece in bargaining”“You will want to look at the long‑range history, and where [you have] been in the last 10, 15, 20 years. …”
Example of Collective Bargaining• http://www.youtube.com/watch?v=_JmA2ClUvUY
Public Opinion…Wisconsin• Rep. Gov. Walker publicized implications of collective bargaining, outrageous behavior unions have institutionalized.• Milw. teacher Megan Sampson’: Less than a week after the Wisc. Council English Teachers named her “Outstanding First Year Teacher,” she lost her job.• CB agreement decisions based on seniority, not merit.• Teachers’ union refused lower-cost health care plan.• Sampson: “Given the opportunity, I would switch to a different plan to save my job, or the jobs of 10 other teachers.”
When Negotiations Fail…• IMPASSE: Good faith efforts fail.• MEDIATION: Neutral 3rd party to assist. Lack power for binding agreement.• FACT FINDING to ARBITRATION: Arbitrator decisions can be binding.• STRIKES: If impasse resolution fails, teachers may strike to persuade/coerce. If illegal in the state, fines permitted.• LOCKOUT: Employer tactic counter to strikes.