Unions and Charter Schools 101 Presented by: James E. Young, Esq. Roger Scott, Esq. jyoung@mycharterlaw.com rscott@mycharterlaw.com Chastin H. Pierman, Esq. cpierman@mycharterlaw.com

Overview Introduction Goals Disclaimers Ounce of Prevention Improve Issue spotting Skills Provide Ideas for Systematic Change Limit Disruption/Liabilities Disclaimers Real Problems are Fact-Specific and Complex Cookie-Cutting can be Dangerous Non-Attorney Advice and the Attorney-Client Privilege Keep Your Questions Hypothetical 2

Objectives Overview of Law Governing Unions, Union Formation and Collective Bargaining in Public Schools Address Key Elements of Preparation for Future Organizing and Bargaining 3

Colliding Beliefs? Process When A Union is Involved Key Elements of the Charter Schools Act Regarding Self- Governance: “Establish and maintain schools that operate independently from the existing school district structure” 4

Colliding Beliefs? (cont’d.) Establish schools that are “exempt from the laws governing school districts” “Encourage the use of different and innovative teaching methods” Change from “rule-based to performance-based accountability systems” 5

Educational Employment Relations Act (EERA) Government Code Section 3540, et seq. Rights of Employees and Employee Organizations Obligations of Employer Mutual Duty to Meet and Confer in Good Faith 6

Public Employment Relations Board (PERB) State Agency Which Administers Collective Bargaining Statutes Handles Representation Issues (Organization, Decertification, etc.) Evaluates/Adjudicates Unfair Labor Practice Charges Provides Mediation If Parties Reach Impasse 7

Union Formation Union Collection of “Cards” Proposed Unit Submits EERA Representation Petition Determination of Majority Support School sends PERB employee list PERB makes determination of support Covered/Excluded Employees Recognition or Denial of Recognition Narrow grounds for denial Overall: Ensure all Paperwork Submitted and Served on Proper Parties 8

Acceptable Employer Response to Unionizing DOs Answer questions/discuss union organization issues without threatening reprisals Tell employees about dues requirement and union rules Refute untruths with the facts Union promises must be bargained 9

Acceptable Employer Response to Unionizing DON’Ts Voice opinion regarding union organization Change wages/benefits to influence organization Question employees about union views or activities Enforce rules disparately between union and non-union employees Interfere with union organization Threaten reprisals for organizing 10

Collective Bargaining Process The Collective Bargaining Process The Duty to Bargain When Bargaining Must Commence The Scope of Bargaining [see attachment] Types of Collective Bargaining 11

Collective Bargaining Process (cont’d) Overview of Typical Negotiations Initial proposals “sunshined” Board selects negotiating team Negotiating team meets Proposals researched Board updated and gives direction Tentative agreements If settlement – agreement disclosure If impasse, mediation/factfinding 12

Unique Charter School Issues CMOs with Separately Incorporated Charter Schools Employment Status Applicability of Education Code NLRB Jurisdiction Definition of Protected Activity 13

Foster Positive Labor Relations Provide Competitive Wages And Benefits Maintain Clear Workplace Policies Maintain Effective Complaint Process Educate Employees Regarding School Mission Provide Fair And Meaningful Performance Evaluations And Remediation System 14