Collective negotiations


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  • MIMI
  • JOE
  • JESSNY 1st general public policy on unionizationGuaranteed workers the right to organize & join labor unions for the purpose of collective bargaining Amendment to Wagner - Workers right not to join a union & to protect employers from mistreatment by unionsResult of internal corruption in some unions, contained Bill of Rights for Union members including freedom of speech & use of secret ballot & protection against improper disciplinary action, established conditions for electing union officers
  • MIMI1962 President John Kennedy – affirmed the right of federal employees to join labor unions & bargain collectively but prohibited the union shop & banned strikes1969 President Richard Nixon – order to standardize procedures among federal agencies to bring federal labor relations in line with private sector
  • JOEFlorida “Right to Work State”
  • JESSNYEmanating from this board of education policy is the following definition for negotiation
  • MIMIRecognition – authorized representative of 2 or more employees for the purpose of collective negotiationsMultiple – more than 1 union representing, recognition granted by the board of education, # of members proportional to representation Exclusive – 1 union representation, reasons most accepted (1) supported by National Education Association & American Federation of Teachers (2) mandated by law for public sector for many states (3) private business & industry are witness to it being the most effective form of recognition Federal Mediation & Conciliation Service & the League of Women Voters
  • JOEBTU speaks for all paying & non paying members Administrators forming bargaining associations
  • JESSNYObjective = consider what is best for the teacher, school, & the students (win-win situation) Ultimate goal = student achievement Salary – steps / years in system, coast of living allowance Fringe Benefits include medical insurance, hospitalization insurance, pension benefits, sick pay, dental insurance, & professional liability insuranceWorking Conditions – quality of employment situation – class size, duty free lunch, preparation periods, sabbatical leave, desirability of locationSchool Boards are required by state to set the education policy – NOT subject to negotiationsVarious states negotiate different items
  • MIMINo universally accepted practiceOdd # of members to avoid deadlock (7 or more members impedes decision making), by job description, appointment, or election, should include building principals at each level (compensation/stipend or additional admin assistance in their building), 1 member knowledgeable about District’s financial situation
  • JOE
  • MIMIP#311Knowledge of bargaining powerRatification = final step, formal ratification = majority of the school board members vote to accept the agreementP#312 read
  • JOE
  • JESSNY3rd party = bring confusion & interfere with employment between school board & the employees
  • MIMILack of Good Faith, Product of closed ??Mediation – voluntary, 1st procedure used when impasse is reached (3rd party assistance – both management & labor party must agree to assistance), mediator has no authority to make decision, facilitates separate or joint meetings, mediator gives his/her recommendation (impasse)Fact Finding – individual or panel reviews evidence & make recommendations for settling a dispute (governed by state statue), report & recommendations are public & parties involved may reject all or part of the reportArbitration – parties submit their dispute to an impartial 3rd person or panel - required to accept (why haven’t we gone to)FMCS – independent agency of federal government created to promote labor management peace, resolves disagreements arising out of collective negotiations in the public sector, Federal Labor laws do not cover employees of state & local governments Order – Mediation, Fact Finding, Arbitration (where permmited by law)
  • JOESEST- pupil teacher ratio, planning time, extra pay per duty, job security, compensation (teacher’s unions generally are aware weeks or even months in advance that certain negotiation demands are strike producing issuesAdmin Strategies – adequate plan similar to rainy day dismissal plan however, in FL …
  • JESSNYGoverning the board & union in relation to issues & rights of the parties that were agreed to Pages # 317-319Management prerogative - Interpret & manage the agreement, grievances (violation or misinterpretation of the master agreement) ***p328 Miami Dade***LMRC – work through concerns & problems before they appear at the table in the next round of negotiations
  • MIMIMovement to diffuse the hostility that sometimes accompanies collective negotiations1 team – teachers, board members, & administrators Oregon collaborative model was operationalized
  • JOEInformation – because of technology more information is readily available to all partiesDecision making moved into a more complete & focused, evidence based approach Culture in the school district that values & uses data in all decision making (2) complete transparency with the school’s budgeting process (must be available on district’s websiteDo not have to be listed only the salaries of the superintendant & assistant superintendants should be listedDatabases can make data available that give a complete picture of the school districts financial situationTechnology provides the school board of education, administration, teacher unions the opportunity to remain informed throughout the negotiations process via emails, podcasts, & other electronic means
  • JESSNYSize of staff dependant upon size of district
  • MIMIConcerned about being treated equal and fairConcerned about their ability to financially support themselves & begin their familySaving $ for retirementWant to affect policy via active involvement at all levels of the political processTry to get ahead faster than individuals from other generations (ambitious) want staff development & tuition reimbursement
  • JOE
  • MIMIThanks to Dr. Gallagan
  • JOE
  • Collective negotiations

    1. 1. Chapter 9 Collective NegotiationsThe Terrific TrioFormerly known as: The Fabulous Four (Brendan Broderick)Jessny Burch MiMi JensenJoseph Judkowitz<br />
    2. 2. Collective Negotiations <br />Anticipation Guide<br />
    3. 3. Collective Negotiations<br />KWL<br />
    4. 4. Historical Perspectives<br />Collective Bargaining in the Private Sector <br />Norris-LaGuardia Act 1932<br />National Labor Relations Act of 1935 <br /> (Wagner Act) <br />Labor Management Relations Act of 1947 (Taft-Hardley Act)<br />Labor-Management Reporting & Disclosure Act of 1959 <br />(Landrum-Griffin Act)<br /><br />
    5. 5. Historical Perspectives<br /> Collective Negotiations in the Federal Government<br /> Executive Order 10988 & Executive Order 11491 <br />
    6. 6. Historical Perspectives<br /> Collective Negotiations in Local & State Governments<br /> 46 States <br />
    7. 7. Historical Perspectives<br />Model Board of Education Policy on Collective Negotiations<br /> “Collective negotiations are the process by which representatives of the school board meet with representatives of the school district employees in order to make proposals and counter proposals for the purpose of mutually agreeing on salaries, fringe benefits, and working conditions covering a specific period of time (Rebore, 2011).” <br />
    8. 8. Recognition & Bargaining Unit Determination<br /><br />Recognition - “Who represents Whom?”<br />Representation – Multiple<br />Representation – Exclusive<br />Recognition Procedures – Membership List<br /> Authorization Cards<br /> Elections<br />Recognition – 51% of employees <br />
    9. 9. Recognition & Bargaining Unit Determination<br />Common Practice – Representation <br /> Elections <br /> BTU<br />Third Party Agencies – Intervene <br />Non-Certified Employees - Bus Drivers <br /> Facilities Maintenance Food Service <br />Agency Shop – One Voice <br />Administration – Organizing <br />
    10. 10. The Scope of Negotiations<br />Matters that are negotiable – Salaries Fringe Benefits Working Conditions<br />Limitations – Illegal Items<br /><br />
    11. 11. The Bargaining Process<br />Selecting the Negotiating Team – Accepted Practice Size Members<br /> Length of Duty <br /> Responsibilities<br /> Compensation<br />Administrators – BPAA<br /><br />
    12. 12. The Bargaining Process<br />Developing Strategies - <br /> Need AssessmentEstablishes Goals/ObjectivesReview current master agreement, Study previous negotiating sessions, Analyze the formal grievances filed, Study arbitration decisions, Meet with school district administrators, Meet informally with union, Confer with the board of education and superintendent<br />
    13. 13. The Bargaining Process<br />Setting the Ground Rules:<br />- time & place for the session<br /> - number of participants who will sit at the table<br /> - role of each participant<br /> - manner in which each side will present its proposals<br /> - target date for completing negotiations<br /> - kinds of school district data that will be needed by each side<br /> - conditions governing caucuses<br /> - provisions for recording the sessions<br /> - method to be used in recording counterproposals <br /> - policy on press release<br /> - types of impasse procedures that will be employed and when <br /> - format for the written agreement<br /> - procedure for agreement approval by the school board & the union membership <br /> - procedures that will be used in publishing the ratified agreement<br />
    14. 14. The Bargaining Process<br /> Conducting at-the-Table Session <br /> Objectives Issues <br /> Knowledge <br /> Ratification Recommendations<br />
    15. 15.<br />
    16. 16. The Bargaining Process<br />Considering Third-Party Negotiations – Parents <br /> Sunshine Laws<br /> Cons To<br />
    17. 17. The Bargaining Process<br />Notter<br />Impasse Procedures – Good Faith<br />Mediation – 3rd Party Assistance<br />Fact Finding – Hearing <br />Arbitration – 3rd Party Assistance<br />The Federal Mediation & Conciliation Service (FMCS) - 1974<br />
    18. 18. Work Stoppage Strategies<br />The Scope of Strikes – Disruptive <br /> Business as Usual<br /> Illegal/Limited (State Law)<br />School Employee Strike Tactics – Bargaining Failure<br />Administrative Strategies – Plan of Action (page 318)<br />
    19. 19. Administration of the Master Agreement<br />Master Agreement – <br /> Policy Statement Components of<br /> Implementing the Master Agreement – Administration<br /> Labor/Management Relations Committee - Compromise <br />
    20. 20. Collaborative Bargaining <br />Mid 1980’s <br />One Team <br />Ashland School District<br /> - communication skills <br /> - problem solving skills<br /> - creative thinking skills<br /> - orientation to collaborative bargaining <br /> - development of group agreements <br /> - development of super-ordinate goals<br /> “Enhancing teaching and learning” <br />
    21. 21. Technology & Collective Negotiations <br />Availability of Information<br />Evidence Based Approach<br />Administrative Policies<br />Salaries<br />Databases<br />Communication<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />
    22. 22. Implications for Small & Medium-Size School Districts <br />Personnel<br />Negotiations Process<br />-teachers & staff members should be represented by the union(s) that they designate through a formal process of selection <br /> - negotiations should be centered on salaries, fringe benefits, & working conditions<br /> - those charged with representing the board of education & the teachers & staff should agree on a set of ground rules on how the at-the-table meetings will take place<br /> - representatives of the board & the teachers & staff should agree on data that the district should provide for the negotiating process<br /> - final agreement must be ratified by the board of education & the teachers & staff members in the aggregate through a formal vote<br /> - work stoppage should be avoided at all costs <br />
    23. 23. The Impact of Generation Y Teachers & Administrators on Collective Negotiations<br />Equity / Fairness<br />Financially <br /> Independent<br />Retirement<br />Involvement <br />
    24. 24. What Have You Learned?<br /><br />
    25. 25.<br />
    26. 26. Collective Negotiations<br />Word Search<br />
    27. 27. Collective Negotiations <br />Hidden Word FamilyFeud<br />