COLLECTIVE BARGAINING Presented June 20, 2012 EDU 718 Dr. Anthony Knight • Jon Duim • Juan Herrera • Barry Stockhamer
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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.Affiliated with National Education Assn (NEA)• California Federation of Teachers (CFT): Formed as a laboralternative to CTA which included school administrators. 120,000members. Affiliated with:Amer. Fed, Teachers (AFT)• 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 and propositions. Passed Prop. 98 in 1988 – guarantees that 40% of general funds go to schools.
Educational Employee Relations ActA compromise between public education unions and employers.Established the Educational Employee Relations Board (EERB)Duties: Meet & consult, good faith bargaining, sunshiningEstablished the Public Employment Relations Board (PERB)Scope of Bargaining:Health and welfare benefits LeavesTransfer and reassignment Safety conditionsClass size Evaluation proceduresOrganizational security Grievance proceduresProbationary certificated employee layoffs
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Salary Cuts• Governor Jerry Brown facing $15.7 Billion deficit through June 2013.• Teacher’s salary cut 5.5% statewide for the 2011-2012 school year. This surpasses the 3% cut from the previous school year.• About 37 school districts across California recorded teacher pay cuts during the last school year.
Class Sizes• Approximately 15,000 teachers cut last school year across the state.• Most cuts came from the top and bottom of the 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 their school year.-The number of furlough days varies by each district. The number of furlough days for upcoming school years depends on the outcome of the November ballot measure-Furloughs= less instructional days. They affect various stakeholders.
Student Achievement and CB: Research Inconclusive
Class Exercise….or case study• Groups of 4-6.• Take Union or School Board Position on these issues: 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 that supports your position• What flexibility will you show and why
Collective Bargaining 5 Core PhasesHarvard Law School’s Program on Negotiation:I. Preparation and Framing. both the school board and union examine their own situation. Develop the issues that they believe will be most important, including assessing ‘your interests as well as the interests of the other side’;II. Bargaining Over How to Bargain. Decide the ground rules for negotiations. Logistics are determined: e.g.rules for secrecyIII. Opening and Exploring. Opening statements, possible options that exist. 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 through visions, strategic planning and negotiated change.
From Negotiators: 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 things.They are not the enemy. I think it helps you to try to work toward reaching solutions that you both can live with.Are you ever going to get your ideal? Rarely ever, but you’ll be able to reach positions 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. …
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Public Opinion…Wisconsin• Republican Gov. Scott Walker made his case about fiscal implications of collective bargaining. His office highlighted some of the most outrageous behavior that unions have institutionalized• Milwaukee teacher Megan Sampson’: Less than a week after the Wisconsin Council of English Teachers named Sampson its “Outstanding First Year Teacher,” she lost her job. The cause? Sampson got the pink slip because she lacked seniority.• The school’s collective bargaining agreement left no choice. Decisions had to be based on seniority rather than merit.• the teachers’ union refused to accept a lower-cost health care plan.• Sampson told the Milwaukee Journal Sentinel,• “Given the given the opportunity, of course I would switch to a different plan to save my job, or the jobs of 10 other teachers.”
When Negotiations Fail…• Vary by State:• 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, financial sanctions/fines permitted.• LOCKOUT: Employer tactic counter to strikes.
COLLECTIVE BARGAINING J E O P A R D Y UNIONS ISSUES STAGES CB HOW TO