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June 19 collective bargainin presentation june 20 (3)
1. COLLECTIVE BARGAINING
Presented
June 20, 2012
EDU 718
Dr. Anthony Knight
• Jon Duim
• Juan Herrera
• Barry Stockhamer
2. It is the supreme art of the teacher to
awaken joy in creative expression and
knowledge.
-- Albert Einstein
3.
4. 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.
5. 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.
6. Text: Webb & Norton
Human Resources personnel
may play key role in CB
negotiations
“
7. Educational Employee Relations Act
COMPROMISE: 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
9. 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.
10. 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
11. 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.
14. Webb/Norton: PRAM model (explore
common 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
15. 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
16. 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. …”
18. 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.”
19. 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.