SVFT-SUHSD TENTATIVE AGREEMENT (APRIL 25, 2013) HIGHLIGHTS AND ANALYSIS SVFT TENTATIVE AGREEMENT 4/25/2013
CALENDAR & CORRESPONDING MOU Key Dates: Contract Year Commences on August 5 th, 2013 (New Hires : August 1 st ) August 7 th : 1 st Instructional Day September 2 nd : Labor Day Holiday October 7 th : Non-workday for members (3-day weekend following end of 1 st Quarter) November 11 th : Veteran’s Day Holiday Nov : Thanksgiving Holiday Dec 12 th : Minimum Day for Certificated Dec 16, Jan 3 rd, 2014: Winter Break Dec 16 th by 8:00 AM: 1 st Semester Grades are due (or face $100 fine in January) Jan. 20 th : Dr. King Holiday February 17 th : Presidents Day Holiday March 17 th : Non-workday for members (3-Day weekend following end of 3 rd Quarter) April 14 th – April 21 st : Spring Break May 26 th : Memorial Day Holiday May 29 th : Last Student Day (Minimum Day for Students) May 30 th : Last Contract Day for June 2 nd by 8:00 AM: 2 nd Semester Grades are due (or face $100 fine in August) SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE III: GRIEVANCE PROCEDURES The Negotiating Team conceded its goal of obtaining “binding arbitration” for this Article. This Article remains unchanged. (status quo) SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE V: TRANSFER AND REASSIGNMENT Changes: Window for submitting voluntary transfer requests moved from April to February. Members who request a transfer with “proficient” or better evaluations with no U’s in any area shall be granted an interview for positions for which they are qualified. No concessions from the current contract language were made within this Article. SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE VI: CLASS SIZE AND STAFFING PROCEDURES Highlights: New Subsection “C”…a new “safety net” for Departments: Administration SHALL consult with Dept. Chairs prior to determining the allocation of sections at each site and after the 2 nd week of each semester, Department Chairs shall meet with administration to air concerns regarding class size issues. Subsection D: class size averages…the list was updated to reflect current course offerings, and the District shall provide SVFT at least three (3) class size reports each year. (Currently, only two are required.) References to classified staff were eliminated from this Article as (1) SVFT does not represent them, and (2) at least one site attempted to use instructional aides to justify overloading classes within a CORE department during New Subsection I…Grieving Class Size Overages…a new safety net for individuals (on next slide) Subsection N (differentiated staffing): non-permanent members may be represented by the Federation on this matter. No concessions from the current contract language were made to this article. SVFT TENTATIVE AGREEMENT 4/25/2013
Article vi, subsection “I” at a glance How the process flows: On day seven (7) of the Fall Semester, SVFT shall receive a report that shows which teachers are over the fall averages (plus 10% at high schools and plus 7% at middle schools) For example: the report will detail every high school Social Studies teacher who has a daily class size average of 33 or more students…(29 +10% = 32) Between Days 8 and 14 of the Fall Semester members must meet with site administration in an attempt to resolve class size overages. If a member fails to do so during this time period, the right to grieve is no longer available. Note: The class size appeal process is maintained for the WHOLE year as it currently exists. See subsection VI.H. If the site cannot resolve the issue, the matter must be addressed with Human Resources on or before day 22 (twenty- two) of the Fall Semester. If HR cannot resolve the issue, the matter is can be placed on an abbreviated grievance timeline. Within 10 days of the meeting with Human Resources, the member may file a grievance commencing at Level III. The timeline moving from Level III to Level IV (arbitration) remains the same as found in Article III of the Contract. The arbitrator at Level IV SHALL consider whether the District has acted in good faith in attempting to resolve the issue prior to making a ruling at arbitration. Spring Semester: For classes that commence at the Spring Semester, the same language applies. Exception being that the Fall overloading of 10% or 7% is no longer part of the calculation. SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE IX: EVALUATION PROCEDURES Highlights: Notification of Evaluator sign ups for those that qualify must be ED to members at least 24 hours prior and POSTED on bulletin boards at the sites. This notification SHALL include where and what time signing up for an evaluator will take place. Should a member be evaluated while under a plan of assistance, the written observation forms SHALL include reference to the plan and the progress, if any, made on that plan of assistance. If a member obtains at least one “U” on an evaluation, then the overall rating for that evaluation SHALL be Unsatisfactory. This is a current practice. No member shall receive a “U” or a “NI” (needs improvement) for refusing to participate in professional development outside of the workday/year. Each post observation conference should be held within ten (10) working days of the observation unless both parties agree mutually to move the timeline or if there are extenuating circumstances to schedule the conference beyond 10 days. The “Mulligan Observation”: members have until January 31 st to request a follow-up observation that SHALL be granted. Also, if the member’s performance needs improvement in any area, the evaluator shall develop recommendation(s) for improvement. An evaluation that has areas marked as “U” or “NI” SHALL include a plan of assistance, and this plan SHALL be mutually developed by both parties. Evaluator choice for those that qualify remains intact. No concessions were made with respect to current language and current practice. SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE VII: HOURS OF EMPLOYMENT Highlights: The bulk of this article was to update terminology and match timelines for current practice and consistency. The District was given flexibility on how to schedule the up to 8 plus working days for counselors prior to and following each work year. The workday MOU for moderate to severe special education teachers was incorporated into the article. Process and procedures in order to maintain 9 th grade Orientation was more clearly delineated. All Alternative Education Programs are now included within this article. Current language only covers MTHS and School Age Parenting Program. Other than scheduling workdays for counselors and delineating 9 th Grade Orientation, no significant concessions were made within this Article when compared to current language. SVFT TENTATIVE AGREEMENT 4/25/2013
ARTICLE II: DURATION The District did not seem to care whether we rolled back the start date to July 2012 or commence on July Seeing that it was our opinion that the District dragged its feet for over two years, the negotiators decided that the District should not enjoy a full three- year contract. This Contract will expire after June 30 th, SVFT TENTATIVE AGREEMENT 4/25/2013
EXTRA DUTY STIPENDS PAY SCHEDULE Highlights: The 6 th period compensation for the MTHS counselor was eliminated. The BCC/LDS stipend was eliminated due to State and Federal mandates. The other changes to the schedule were made to eliminate stipends that no longer exist and insert ones that currently do. Keep in mind: that all future salary increases, according to our Salary Formula (new Appendix O.7: Future Years) will also create an automatic corresponding increase to the extra duty stipend schedule. (This was not part of negotiations but was part of the restoration grievance settlement of 3/22/12.) SVFT TENTATIVE AGREEMENT 4/25/2013
SALARY AND BENEFITS It has come to our attention that at least a few members were concerned that there was neither a salary increase nor an increase to the Health and Welfare Benefits Cap. Please remind members that according to the agreement that was settled on March 22, 2012, future increases to all compensation shall be subject to the salary formula outlined in the new Appendix “O”, subsection seven (7) titled “Future Years”. (on next slide) is the first “future year”, and at the end of the school year, the Federation will sit down with the District and determine what increases, if any, to our compensation shall take place (retroactive to August 2012). Please keep in mind: the passage of Prop 30 marries nicely with our salary formula. For those that worked on its passage…and we know who you are: THANKS! Current projection for is an approximate increase of one-point-one (1.1%). This is not yet confirmed, and when confirmed will be applied to all monetary forms of compensation, including substitute pay and/or our H&W Benefits Cap. SVFT TENTATIVE AGREEMENT 4/25/2013
SALARY FORMULA (AS OF 3/22/12) On or before June 1 of each school year beginning with June 1, 2013, the District and SVFT will review the prior year step and column percentage cost and the total percentage increase or decrease to the District’s total net revenue limit funding* for the current year and adjust the current salary schedule by that percentage. Should this review show an increase in the District’s base revenue limit, the current year’s step and column percentage cost for the bargaining unit shall be deducted from the percentage increase and the resulting percentage increase shall be applied to increase the current salary schedules (7-12, Adult Education, Hourly Rate, Summer School Rate, fixed dollar extra-duty stipends and Substitute Daily Rate) and/or increase the District’s health insurance contribution as may be negotiated between the Parties. The calculation of step and column costs from one year to the next shall include savings from retirement and replacement and shall include any increase in costs of benefits for retirees including any early retirement incentives not currently in effect under the terms of the collective bargaining agreement. The Parties shall meet, review and agree upon the calculation of step and column costs. If the District anticipates that the calculation may result in a negative percentage, the Parties shall commence negotiations on compensation within thirty (30) days of notice by the District to SVFT. In the event that State law requires that any categorical funds be moved to the calculation of the District’s net revenue limit revenues when the District is still mandated to operate those programs, this formula shall be suspended and the Parties shall negotiate the impact of the legislation and application of this salary formula. *The higher of the Revenue limit ADA or P-2 ADA since the District is paid on revenue limit ADA and during declining enrollment, the State allows the District to claim prior year ADA so the District will receive a higher revenue limit allocation. This allows the District one year to adjust to the lower ADA figure. SVFT TENTATIVE AGREEMENT 4/25/2013