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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
http://www.youtube.com/watch?v=txHitONH29M&playnext=1&list=PLCD36F4EA352292D1
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
Collective NegotiationsWord Search http://www.edcreate.com/wordsearch/wordsearchonline.php?id=6040
Collective Negotiations
Hidden Word Family Feud
