Bargaining 101

SAI Superintendent Mentor Workshop Jenifer Owenson

The background of Chapter 20 * The law created in the mid ’70s * Met political resistance * Very little changes over the years * In the last few years there have been some changes to the law but fairly insignificant.

Chapter 20  Requires all public employers to bargain collectively with its employees  Mandates dates for bargaining * Mandates topics of bargaining  Public employees may not strike

What an Arbitrator is required to review. Comparisons from other districts Bargaining History Public Welfare Power to Levy taxes

Dates for process December-January (exchange of opening proposals) January-February (bargaining process) February-March (mediation) April (preparation for arbitration) May (arbitration)

What’s the Goal? To get an agreement without having to go to binding arbitration.

Models of bargaining Traditional Bargaining Interest Based Bargaining Independently Developed Impasse process

Picking the approach that works for your district. What is your current bargaining relationship? How much time are people willing to invest? Are the parties satisfied with the outcome?

Who is on the Bargaining Team? Parties are free to choose the representative, no matter who. Smaller is better Involve people who know about the day to day work Consider the Superintendent’s role in the process

What’s the role of the team ? Act as a team, not as an individual Accept the role of the chief negotiator Communicate with principals not at the table

What’s the Role of the Chief spokesperson? Gain consensus amongst the bargaining team. Relay to the union the bargaining team’s position. Have the authority to make the deal.

When and how should bargaining begin? Hold closed strategy sessions. Exchange proposals by Dec. 15 in open session. The parties can bargain in open but it’s recommended to go into closed. Bargaining

Strategy Sessions :What should you bargain about? Some of the bargaining agenda is dictated by the Code Parties can decide what subjects will be handled from year to year Problems with the current agreement

Special Issues for 2013 Evaluation by peers Health care reform Case law change on what is considered a mandatory subject of bargaining.

What the Code says: Laundry lists of mandatory subjects Permissive subjects Illegal subjects

How to “Prepare” for bargaining Acquaint yourself with the labor agreement. Ask about problems/grievances that arose during the agreement. Think about the goals and start drafting your initial proposal.

When should you change the language? Burden is on the changing party to show necessity for change Do you have anything to trade or buy the proposal with? Change is incremental

What you should know before and during bargaining? Have you had a strategy session with the board to clearly understand parameters, board goals, how a wage increase will effect the overall budget? (See template for board presentation) How do your benefits and salary package compare? What are other schools settling at

What should be in the initial proposal? 4 The district must respond to the union’s proposal. 4 Your proposals for changing language or past practice. 4 Identify any other additions, deletions, corrections.

How Does A Bargaining Session Start? Exchange of the initial proposals Clarify the proposals. Find out why changes are being requested. Start evaluating which portions of the proposal you can or can’t live with

How do you know if it’s a priority? Refer often to the mission, vision, and goals of the school. Ask your team and the union, “how does this serve kids?”

Strategies Don’t be too eager to agree to something Hold back on some of the bargaining issues. Some negotiators suggest handling all of the non-economics first. Set your priorities ahead of time

Negotiating Start offering counterproposals, and packages that the district will accept. It takes communication to understand where the parties differences will be.

Bargaining Musts Agree on Ground rules (See samples) Be clear Be trustworthy Seek to understand Respect each other’s views A deal is a deal

Questions?