Providing Quality Legal Services to SCHOOL DISTRICTS Across Iowa Established 1926 Employee Evaluation, discipline, and termination Student conduct and discipline Discrimination, bullying, and harassment claims Contract interpretation and administration Building and construction matters Special education matters Policy formulation, revision, and implementation Personnel policies and job descriptions Negotiations and collective bargaining Grievance and interest arbitrations   More About Collective Bargaining: Implementation, Local Policy, and Best Practices to Support Employees While Exercising New Management Rights Brett S. Nitzschke Holly A. Corkery Lynch Dallas, P.C. ISFIS Conference June 7, 2017 www.lynchdallas.com brett@lynchdallas.com Twitter: @lynchdallaslaw (319) 365-9101

HOUSE FILE 291 new mandatory and excluded subjects of bargaining Established 1926 Mandatory subjects of bargaining are base wages and other matters mutually agreed upon. Excluded (or illegal) subjects of bargaining: all retirement systems; dues checkoffs and other payroll deductions for political action committees or other political contributions or political activities; insurance; leaves of absence for political activities; supplemental pay; transfer procedures; evaluation procedures; procedures for staff reduction; and subcontracting public services.

HOUSE FILE 291 new PERMISSIVE SUBJECTS of bargaining Permissive topics of bargaining are hours; vacations; non-political leaves of absences; shift differentials; overtime compensation; job classifications; health and safety matters; in-service training; release time; grievance procedures; seniority and any wage increase, or employment benefit based on seniority; other employment advantages based on seniority; and any other topics not specifically outlined above.

MOVING FORWARD UNDER HOUSE FILE 291 Established 1926 Review collective bargaining agreements to identify mandatory, permissive, and excluded language. All excluded items will need to be removed – where will they go? What will be done regarding permissive items? Options Remove all permissive items – where will they go? Keep all permissive items in contract as is Remove some permissive items and keep some in contract as is Remove some permissive items and keep some in contract with modifications

MOVING FORWARD UNDER HOUSE FILE 291 Develop an initial proposal that appropriately identifies all permissive and excluded language to preserve the school district’s options regarding permissive language.

MOVING FORWARD UNDER HOUSE FILE 291 Negotiate base wages and other agreed upon permissive items. Develop a costing model for base wages and continue to track offers and settlements on a total package basis. Draft and ratify tentative agreement upon settlement. Revise collective bargaining agreement based upon settlement. Draft employee handbook based upon settlement.

MOVING FORWARD UNDER HOUSE FILE 291 An arbitrator’s authority to award an increase to base wages is limited to the lesser of three percent or the applicable CPI-U as determined by PERB. CPI-U Feb 2017 – 0.60% June 2017 – 1.80% March 2017 – 1.00% July 2017 – 2.20% April 2017 – 1.10% Aug 2017 – 2.40% May 2017 – 1.20% Sept 2017 – 1.90%

PERB DECISIONS DEFINING BASE WAGES Columbus Education Association and Columbus Community School District, PERB Case No. 100820 (May 17, 2017) Oskaloosa Community School District and Oskaloosa Education Association, PERB Case No. 100823 (May 17, 2017)

PERB’S DEFINITION OF BASE WAGES Base wages means “the minimum (bottom) pay for a job classification, category or title, exclusive of additional pay such as bonuses, premium pay, merit pay, performance pay or longevity pay.”

Impact of perb’s decisions Job Classifications and Base Wages – A school district is under no obligation to bargain over whether a given job classification, category, or title will exist or not because job classifications are a permissive subject of bargaining.  However, once a school district creates or maintains a classification in which bargaining unit members may be or are employed, the school district has a duty to bargain the base wage for that classification. The following are permissive subjects of bargaining: salary schedule vertical steps; salary schedule educational/horizontal lanes; teacher salary supplement; extra duty assignments; and pay for extra duty assignments.

Impact of perb’s decisions Salary Schedules – Virtually all elements of a salary schedule are permissive subjects of bargaining.  Only the minimum salary for each job classification established and maintained by a school district is a mandatory subject of bargaining as a base wage (i.e. step 1 of each lane in the salary schedule). Supplemental Salary Schedules - All coaching/sponsor positions on a supplemental salary schedule are job classifications which are permissive subjects of bargaining. School districts have a duty to bargain only the minimum salary for each one of those positions the school district wishes to maintain (i.e. step 1 of each position).

DUES DEDUCTIONS For contracts that were ratified prior to February 17, 2017, dues deductions provisions remain effective until the expiration of the contract and cannot be extended. No new contracts can have a dues deduction provision and dues deductions cannot be made after the provisions of the current contract expires.

EMPLOYEE HANDBOOK CONSIDERATIONS Established 1926 How will the employee handbook be developed? Who will develop the employee handbook? How will the handbook be administered? How will the handbook be reviewed and maintained?

Board policy considerations Established 1926 Review board policies regarding employees. Identify areas of duplication with collective bargaining agreement and handbook. Identify areas of inconsistency with collective bargaining agreement and handbook. Revise/delete policies as necessary.

RETENTION AND RECERTIFICATION ELECTION requirements A retention and recertification election must be held prior to the expiration of a bargaining unit’s collective bargaining agreement. The question on the ballot is whether the current bargaining representative shall be retained and recertified as the bargaining representative of the public employees in the bargaining unit. In order for the current bargaining representative to be retained and recertified, a majority of the public employees in the bargaining unit must vote yes. If the current bargaining representative is not retained and recertified, the bargaining representative shall immediately be decertified.

RETENTION AND RECERTIFICATION ELECTION TIMELINES Established 1926 For certified employee organizations that are a party to a collective bargaining agreement ending June 30, 2018, the anticipated retention and recertification election will be in October 2017. PERB will be notifying certified employee organizations by email with more information in August. PERB is in the process of obtaining a vendor to conduct retention and recertification elections. This process will most likely take until July. PERB most likely will be adopting rules regarding retention and recertification elections in July.

ADDITIONAL CONSIDERATIONS AFSCME and ISEA Lawsuits Challenging the Constitutionality of House File 291 Distinction Between Public Safety (Sheriff Deputies, Marshall or Police Officer, State Patrol, Narcotics Enforcement, State Fire Marshal, DCI, Gaming Enforcement Officer, DPS, Conservation Officer, Fire Fighter, DOT Peace Officer) and Non-Public Safety Employees Retention and Recertification Elections Dues Deductions

QUESTIONS? Brett S. Nitzschke Holly A. Corkery Lynch Dallas, P.C. Established 1926 Brett S. Nitzschke Holly A. Corkery Lynch Dallas, P.C. (319) 365-9101 brett@lynchdallas.com hcorkery@lynchdallas.com