Collective negotiations

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Chapter 9

Collective Negotiations

The Terrific Trio Formerly known as:

The Fabulous Four (Brendan Broderick)

Jessny Burch MiMi Jensen

Joseph Judkowitz

Collective Negotiations

Anticipation Guide

Collective Negotiationshttp://www.youtube.com/watch?v=22YI8Vj5nW0&feature=related

Historical Perspectives

Collective Bargaining in the Private Sector

Norris-LaGuardia Act 1932National Labor Relations Act of 1935

(Wagner Act) Labor Management Relations Act of 1947

(Taft-Hardley Act)Labor-Management Reporting & Disclosure Act

of 1959 (Landrum-Griffin Act)

http://www.youtube.com/watch?v=pdu2wrOZVsY&feature=related

Historical Perspectives

Collective Negotiations in the Federal GovernmentExecutive Order 10988 & Executive Order 11491

Historical Perspectives Collective Negotiations in Local & State Governments

46 States

Historical Perspectives Model Board of Education Policy on Collective Negotiations

“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).”

Recognition & Bargaining Unit Determination

Recognition - “Who represents Whom?”Representation – MultipleRepresentation – ExclusiveRecognition Procedures – Membership

List

Authorization Cards

ElectionsRecognition – 51% of employees

http://www.youtube.com/watch?v=BG2sdkNVZ_M

Recognition & Bargaining Unit Determination

Common Practice – Representation Elections BTU

Third Party Agencies – Intervene Non-Certified Employees - Bus Drivers

Facilities Maintenance Food Service

Agency Shop – One Voice Administration – Organizing

The Scope of Negotiations

Matters that are negotiable – Salaries

Fringe Benefits Working Conditions

Limitations – Illegal Items

http://www.youtube.com/watch?v=ml5A4wlipVg&NR=1

The Bargaining Process

Selecting the Negotiating Team – Accepted Practice Size Members Length of Duty ResponsibilitiesCompensation

Administrators – BPAA

http://www.youtube.com/watch?v=2qsa66AqXTo&feature=related

The Bargaining ProcessDeveloping Strategies -

Need Assessment Establishes Goals/Objectives Review 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

The Bargaining ProcessSetting the Ground Rules:

- time & place for the session- number of participants who will sit at the table- role of each participant- manner in which each side will present its proposals- target date for completing negotiations- kinds of school district data that will be needed by each side- conditions governing caucuses- provisions for recording the sessions- method to be used in recording counterproposals- policy on press release- types of impasse procedures that will be employed and when - format for the written agreement- procedure for agreement approval by the school board & the union membership - procedures that will be used in publishing the ratified agreement

The Bargaining Process

Conducting at-the-Table Session

Objectives

Issues

Knowledge Ratification

Recommendations

The Bargaining Process

Considering Third-Party Negotiations – Parents

Sunshine Laws

Cons To

The Bargaining ProcessImpasse Procedures – Good FaithMediation – 3rd Party AssistanceFact Finding – Hearing Arbitration – 3rd Party AssistanceThe Federal Mediation & Conciliation Service

(FMCS) - 1974

Notter

Work Stoppage Strategies

The Scope of Strikes – Disruptive

Business as Usual

Illegal/Limited (State Law)

School Employee Strike Tactics – Bargaining Failure Administrative Strategies – Plan of Action (page 318)

Administration of the Master

Agreement

Master Agreement –

Policy Statement Components of

Implementing the Master Agreement –

Administration Labor/Management Relations

Committee -

Compromise

Collaborative Bargaining Mid 1980’s One Team Ashland School District

- communication skills - problem solving skills- creative thinking skills- orientation to collaborative bargaining - development of group agreements - development of super-ordinate goals

“Enhancing teaching and learning”

Technology & Collective Negotiations

Availability of Information

Evidence Based Approach

Administrative Policies

SalariesDatabases

Communication

http://www.broward.k12.fl.us/employeerelations/Contracts.htm

http://www.transparencyflorida.gov/http://www.browardschools.com/

http://www.broward.k12.fl.us/employeerelations/http://www.broward.k12.fl.us/sbbcpolicies/index.asp?search=&page=1http://www.browardschools.com/schools/

http://www.broward.k12.fl.us/employeerelations/

http://www.btuonline.com/index.asphttp://www.federationmembers.org/officers-staff_public.phphttp://www.bpaa.us/http://bcpba.org/index2.html

http://webcab.browardschools.com/

Implications for Small & Medium-Size School Districts

PersonnelNegotiations Process

- teachers & staff members should be represented by the union(s) that they designate through a formal process of selection

- negotiations should be centered on salaries, fringe benefits, & working conditions- 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- representatives of the board & the teachers & staff should agree on data that the district should provide for the negotiating process- final agreement must be ratified by the board of education & the teachers & staff members in the aggregate through a formal vote- work stoppage should be avoided at all costs

The Impact of Generation Y Teachers & Administrators on Collective Negotiations

Equity / FairnessFinancially

IndependentRetirementInvolvement

What Have You Learned?http://www.youtube.com/watch?v=hCNx55zuRmY

http://www.youtube.com/watch?v=WBlYTWVoDUg

Collective NegotiationsWord Search  http://www.edcreate.com/wordsearch/wordsearchonline.php?id=6040

Collective Negotiations

Hidden Word Family Feud

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