COLLECTIVE BARGAININGCOLLECTIVE BARGAINING

Presented Presented

June 20, 2012June 20, 2012

EDU 718EDU 718

Dr. Anthony KnightDr. Anthony Knight

• Jon DuimJon Duim

• Juan HerreraJuan Herrera

• Barry StockhamerBarry Stockhamer

It is the supreme art of the teacher to awaken joy in creative expression and knowledge.-- Albert Einstein

Collective Bargaining Collective Bargaining Definition: A process of negotiations between Definition: A process of negotiations between employers and a group of employees employers and a group of employees (a union) aimed at reaching agreements (a union) aimed at reaching agreements that regulate working conditions. that regulate working conditions.

Major Certificated Unions in CAMajor Certificated Unions in CA• California Teachers Association (CTA): California Teachers Association (CTA): Membership 340,000. Membership 340,000. • California Federation of Teachers (CFT): California Federation of Teachers (CFT): Labor alternative to CTA 120,000 Labor alternative to CTA 120,000 members. members. • United Teachers of Los Angeles (UTLA): United Teachers of Los Angeles (UTLA): 35,000 members. Originally CTA/CFT 35,000 members. Originally CTA/CFT blend.blend.

CTA History of Activism in CTA History of Activism in CACA• 1866 – Free public school in CA1866 – Free public school in CA• 1867 – Free public schools for non-whites 1867 – Free public schools for non-whites • 1878 – Bans public funds for religious schools1878 – Bans public funds for religious schools• 1911 – Free textbooks for all students 1-81911 – Free textbooks for all students 1-8• 1912 – Teacher tenure and due process1912 – Teacher tenure and due process• 1913 – CA State Teacher’s Retirement System1913 – CA State Teacher’s Retirement System• 1975 – Collective Bargaining – Educational 1975 – Collective Bargaining – Educational Employee Relations Act (Rodda Act)Employee Relations Act (Rodda Act)

A force in defeating voucher initiatives, passing school A force in defeating voucher initiatives, passing school bonds, propositions. Passed Prop. 98 in 1988: 40% bonds, propositions. Passed Prop. 98 in 1988: 40% general funds go to schools.general funds go to schools.

Text: Webb & Norton

Human Resources personnel may play key role in CB negotiations

“

Educational Employee Relations Educational Employee Relations ActActCOMPROMISE: public education unions and employers. COMPROMISE: public education unions and employers. Established Educational Employee Relations Board Established Educational Employee Relations Board (EERB)(EERB)

DUTIES: DUTIES: Meet & consult, good faith bargaining, sunshining.Meet & consult, good faith bargaining, sunshining. Established the Public Employment Relations Board (PERB)Established the Public Employment Relations Board (PERB)

Scope of Bargaining:Scope of Bargaining:

• Health and welfare benefits LeavesHealth and welfare benefits Leaves• Transfer and reassignment Safety conditionsTransfer and reassignment Safety conditions• Class size Eval. proceduresClass size Eval. procedures• Organizational security Grievance Organizational security Grievance • Probationary certificated Probationary certificated employee layoffsemployee layoffs

Collective Bargaining Collective Bargaining

Hot IssuesHot Issues

Salary CutsSalary Cuts

• Gov. Jerry Brown: Gov. Jerry Brown:

$15.7 Billion deficit thru June, 2013.$15.7 Billion deficit thru June, 2013.

• Teachers salary cut 5.5% statewide forTeachers salary cut 5.5% statewide for

2011-2012 school year. This 2011-2012 school year. This surpasses surpasses

3% cut from previous school year.3% cut from previous school year.

• Approx. 37 Calif. school districts Approx. 37 Calif. school districts

recorded teacher pay cuts last year.recorded teacher pay cuts last year.

Class SizesClass Sizes

• Approx. 15,000 teachers cut last school Approx. 15,000 teachers cut last school

year in California.year in California.

• Most cuts came from the top and Most cuts came from the top and bottom bottom

of pay scale.of pay scale.

• Cuts = larger class sizesCuts = larger class sizes

• Larger class sizes = less individualized Larger class sizes = less individualized attention to the studentsattention to the students

Furlough DaysFurlough Days• In an attempt to balance their budgets, In an attempt to balance their budgets,

many school districts have offered to many school districts have offered to

shorten the school year.shorten the school year.

• Number of furlough days varies by each Number of furlough days varies by each

district. For upcoming school years tied district. For upcoming school years tied

to outcome of November ballot measureto outcome of November ballot measure

• Furloughs= less instructional days. Furloughs= less instructional days.

They affect various stakeholders.They affect various stakeholders.

http://www.youtube.com/watch?v=5kxc6kzH-uI&feature=related

Student Achievement and CB: Student Achievement and CB: Research InconclusiveResearch Inconclusive

Webb/Norton: PRAM model Webb/Norton: PRAM model (explore common interests, win-(explore common interests, win-win, )win, ) I.I. Preparation and FramingPreparation and Framing. School board and union . School board and union

examine examine their own situation. Develop important issues. their own situation. Develop important issues.

II.II. Bargaining Over How to BargainBargaining Over How to Bargain. Decide ground rules . Decide ground rules for for

negotiations. negotiations.

IIIIII. Opening and Exploring.. Opening and Exploring. Opening statements, options, Opening statements, options, Brainstorming.Brainstorming.

IVIV. Focusing and Agreeing.. Focusing and Agreeing. The ‘what ifs’ and ‘supposals’ The ‘what ifs’ and ‘supposals’ set forth and the draft agreements are created.set forth and the draft agreements are created.

V.V. Implementation and Administration Implementation and Administration. Effective joint . Effective joint implementation thru visions, strategic plan, negotiated implementation thru visions, strategic plan, negotiated change.change.

Harvard Law School’s Program on NegotiationHarvard Law School’s Program on Negotiation

Class Exercise….Class Exercise….• Groups of 4-6.Groups of 4-6.• Take Union or School Board PositionTake Union or School Board Position on : Merit Pay, Tenure, Length of CB on : Merit Pay, Tenure, Length of CB agreement, Furlough Daysagreement, Furlough Days• Each group faces a budget cut of 15% in Each group faces a budget cut of 15% in

each of next 2 years. History: Mistrust.each of next 2 years. History: Mistrust.• Make up data.Make up data.• What flexibility will you show and why?What flexibility will you show and why?• Distributive (adversarial) or Win-Win Distributive (adversarial) or Win-Win

BargainingBargaining

Negotiators: It’s The Negotiators: It’s The RelationshipRelationship““Try to remember and envision that [union Try to remember and envision that [union

representatives] are people who care representatives] are people who care about kids and families and are trying to about kids and families and are trying to do the right thing.do the right thing.

““They are not the enemy. I think it helps you They are not the enemy. I think it helps you to try to work toward reaching solutions to try to work toward reaching solutions that you both can live with”that you both can live with”

““I don’t think you can emphasize enough the I don’t think you can emphasize enough the importance of the relationship piece in importance of the relationship piece in bargaining” bargaining”

““You will want to look at the long‑range You will want to look at the long‑range history, and where [you have] been in the history, and where [you have] been in the last 10, 15, 20 years. …”last 10, 15, 20 years. …”

Example of Collective Example of Collective BargainingBargaining• http://www.youtube.com/watch?v=_JmA2ClUvUY

Public Opinion…WisconsinPublic Opinion…Wisconsin• Rep. Gov. Walker publicized implications of Rep. Gov. Walker publicized implications of

collective bargaining, outrageous behavior collective bargaining, outrageous behavior unions have institutionalized. unions have institutionalized.

• Milw. teacher Megan Sampson’: Less than a Milw. teacher Megan Sampson’: Less than a week after the Wisc. Council English Teachers week after the Wisc. Council English Teachers named her “Outstanding First Year Teacher,” she named her “Outstanding First Year Teacher,” she lost her job. lost her job.

• CB agreement decisions based on seniority, not CB agreement decisions based on seniority, not merit. merit.

• Teachers’ union refused lower-cost health care Teachers’ union refused lower-cost health care plan. plan.

• Sampson: “Given the Sampson: “Given the opportunity, I would switch to a opportunity, I would switch to a different plan to save my job, different plan to save my job, or the jobs of 10 other teachers.”or the jobs of 10 other teachers.”

When Negotiations Fail…When Negotiations Fail…

• IMPASSE:IMPASSE: Good faith efforts fail. Good faith efforts fail.• MEDIATION:MEDIATION: Neutral 3 Neutral 3rdrd party to assist. party to assist. Lack power for binding agreement.Lack power for binding agreement.• FACT FINDING to ARBITRATIONFACT FINDING to ARBITRATION: : Arbitrator decisions can be binding.Arbitrator decisions can be binding.• STRIKES:STRIKES: If impasse resolution fails, If impasse resolution fails, teachers may strike to persuade/coerce. teachers may strike to persuade/coerce. If illegal in the state, fines permitted.If illegal in the state, fines permitted.• LOCKOUT:LOCKOUT: Employer tactic counter Employer tactic counter to strikes.to strikes.

Collective Bargaining

Tournament of Champions