Preparation for Bargaining

Presented By William F. Hybbeneth Jr. Taylor, Whalen and Hybbeneth ForN.J.A.S.B.O. April 26 & 27, 2010

The Stakeholders The Board of Education. The Board of Education.

The Stakeholders The Board of Education. The Board of Education. The Superintendent. The Superintendent. The Business Administrator. The Business Administrator. The Administration. The Administration.

The Stakeholders The Board of Education. The Board of Education. The Superintendent. The Superintendent. The Business Administrator. The Business Administrator. The Administration. The Administration. The Community. The Community. The Students. The Students.

The Stakeholders The Board of Education. The Board of Education. The Superintendent. The Superintendent. The Business Administrator. The Business Administrator. The Administration. The Administration. The Community. The Community. The Students. The Students. The Teacher’s Association. The Teacher’s Association.

The BoE PREP  To establish the BoE commitment.

The BoE PREP  To establish the BoE commitment.  To establish BoE commitment to $.

The BoE PREP  To establish the BoE commitment.  To establish BoE commitment to $.  To establish BoE commitment to health benefit changes.

The BoE PREP  To establish the BoE commitment.  To establish BoE commitment to $.  To establish BoE commitment to health benefit changes.  To establish the clear relationship, from the outset of negotiations, of the relationship between SALARY and HEALTH BENEFITS.

The BoE PREP  To establish the BoE commitment.  To establish BoE commitment to $.  To establish BoE commitment to health benefit changes.  To establish the clear relationship, from the outset of negotiations, of the relationship between SALARY and HEALTH BENEFITS.  To establish BoE commitment to ideas and contract language changes.

The BoE PREP The BoE needs to think through it’s positions so that – at the table – it can make believers of the Association team. Unless the Association believes that the BoE is serious & prepared, it has no reason to agree with the BoE at all.

The Superintendent’s PREP  KNOW the contract and the language issues that need to be addressed.

The Superintendent’s PREP  KNOW the contract and the language issues that need to be addressed.  KNOW how to deal with the language issues – don’t let the BoE members try to decide how to deal with them.

The Superintendent’s PREP  KNOW the contract and the language issues that need to be addressed.  KNOW how to deal with the language issues – don’t let the BoE members try to decide how to deal with them.  Provide the framework within which the BoE language proposals are developed.

The Superintendent’s PREP  BE the guide for the BoE Team through the decision making process.

The Superintendent’s PREP  BE the guide for the BoE Team through the decision making process.  BE the guide for the entire BoE through the bargaining process.

The Administration’s PREP  Provide clear, concise, and accurate information about contract language issues to support the BoE language proposals.

The Administration’s PREP  Provide clear, concise, and accurate information about contract language issues to support the BoE language proposals.  To support the BoE throughout the bargaining process with other employee groups.

Setting Bargaining Parameters  What kind of parameters should we set?

Setting Bargaining Parameters What kind of parameters do we set? WISH

Setting Bargaining Parameters What kind of parameters do we set? WISHvsWANT

Setting Bargaining Parameters What kind of parameters do we set? WISHvsWANTvsNEED

Other parameter factors! PRINCIPLESPREFERENCES

Other parameter factors! PRINCIPLES NEED PREFERENCES WISH WANT

PRINCIPLES  These are the changes to the contract language that you won’t let go of.

PRINCIPLES  These are the health benefit changes that MUST be achieved.

PRINCIPLES  These are the changes to the contract that you won’t let go of.  These are the health benefit changes that MUST be achieved.  This is the salary settlement that cannot be exceeded.

The BoE Bargaining Team oWho selects the Team? oHow much influence can YOU have with the BoE President to determine the BEST committee.

The BoE Bargaining Team oThe initial questions? WHO can serve? WHO can’t serve?

The BoE Bargaining Team oThe OTHER initial question? WHO can serve? WHO can’t serve? WHO shouldn’t serve?

The BoE Bargaining Team oThe secondary question? WHO sits at the table for the administration?

The BoE Bargaining Team oThe secondary question? WHO sits at the table for the administration?  The Superintendent?  The Business Administrator?  Other administrators?

The role of the BA.  What do you need to prepare?

The role of the BA.  What do you need to prepare? SCATTERGRAM

The role of the BA.  What do you need to prepare? HEALTH BENEFITS Current Costs & Enrollments

The role of the BA.  What do you need to prepare? [depending on the language of the contract] > Tuition reimbursement costs > Professional development costs > Personal day use statistics > PUSL sick leave payments [real & projected] > Other cost items in the contract.

The role of the BA.  When do you need to prepare it? The scattergram & current health costs & enrollments need to be ready for the BoE prior to their first discussions of bargaining parameters.

WHO else do you need? You need to involve your insurance consultant to provide: [1]projected health benefit premium increases for your current plans: MEDICAL PRESCRIPTION DENTAL

WHO else do you need? You need to involve your insurance consultant to provide: [2]modifications and the premium decrements for your current plans: MEDICAL PRESCRIPTION DENTAL

WHO else do you need? You need to involve your insurance consultant to provide: [3]realistic alternatives and related premiums IN PLACE OF your current plans: MEDICAL PRESCRIPTION DENTAL

Bargaining 101 Until recently, it always seemed that the NJEA local had the upper hand. That has changed!

Bargaining 101 Prior to the first meeting: Prior to the first meeting: WHAT is the purpose of the meeting? WHAT will you exchange at the meeting?

Bargaining 101 Prior to the first meeting: Prior to the first meeting: WHO will be the spokesperson? WHO else may talk?

Bargaining 101 The first meeting: The first meeting: [1]The attendance record [2]VERBAL Bergenfield Statement [3]Ground Rules

Bargaining 101 The first meeting: The first meeting: [4]Review and sign-off on scattergram [5]exchange of proposals [what’s in the BoE proposals?] [what’s in the BoE proposals?] [6]negotiating dates

Bargaining 101 After the first meeting: After the first meeting: [1] review Assn. language proposals with [at least] the Superintendent. [2] cost-out Assn. monetary proposals [if received] : hourly rates, PUSL $, tuition reimbursement $, etc.

Bargaining 101 For the second meeting: For the second meeting: [1]review all Assn. language items to see if there are any you might be able to agree to. [2] determine what you want in return for the Assn. demands [quid pro quo]

Bargaining 101 For the second meeting: For the second meeting: [3]anticipate the Assn. responses/ reactions to the BoE proposals.

“I don't want an apple, Danny --- do you have any money?"

Bargaining 101 For the second meeting: For the second meeting: [4] determine appropriate BoE responses/reactions to Assn. proposals.

Bargaining 101 N.J.S.A. 34:13A New Jersey Employer-Employee Relations Act N.J.S.A. 34:13A-5.3 Employee Organizations; Right to Form or Join; Collective Negotiations

Bargaining 101 N.J.A.C. 19: Commencement of Negotiations …no later than 120 days prior to the public employer’s required budget submission date.

Bargaining 101 [1] Face-to-face bargaining

Bargaining 101 [1] Face-to-face bargaining [2] N.J.A.C. 19: Initiation of mediation Initiation of mediation

Bargaining 101 [1] Face-to-face bargaining [2] N.J.A.C. 19: Initiation of mediation Initiation of mediation [3] N.J.A.C. 19: Initiation of fact-finding Initiation of fact-finding

Bargaining 101 [1] Face-to-face bargaining [2] N.J.A.C. 19: Initiation of mediation Initiation of mediation [3] N.J.A.C. 19: Initiation of fact-finding Initiation of fact-finding [4] N.J.A.C. 19: Appointment of a super Appointment of a super conciliator conciliator

After Super Conciliation ? ? ?

Negotiations Progress BoE Pres: How are the labor negotiations going. Supt: Well, we’re still talking. But we’re not making much headway.

Negotiations Progress BoE Pres: What’s the problem? Supt: The usual labor- management hassle.

Negotiations Progress Supt: They want me to attend an anger management course...

Negotiations Progress Supt: …and I want them to attend a whining management course.

S-3 the contribution will go into “…effect on the 60 th day following enactment…” and “…upon expiration of any applicable binding collective negotiations agreement in force on that effective date.” effective date.”

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [1]If the contract expired June 30, 2009 and you have NO new agreement.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [1]If the contract expired June 30, 2009 and you have NO new agreement. The contribution is implemented May 21, 2010.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [2]If the contract expired June 30, 2009, and you have a NEW agreement fully ratified BEFORE May 21, 2010.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [2]If the contract expired June 30, 2009, and you have a NEW agreement fully ratified BEFORE May 21, The contribution is implemented July 1 following the contract expiration date.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [3]If the contract expires June 30, 2010 & you have NO new agreement.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [3]If the contract expires June 30, 2010 & you have NO new agreement. The contribution is implemented July 1, 2010.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [4]If the contract expires June 30, 2010 & you HAVE a fully ratified new agreement.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [4]If the contract expires June 30, 2010 & you HAVE a fully ratified new agreement. The contribution is implemented July 1, 2010.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [5]If the contract expires June 30, 2011 or beyond.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [5]If the contract expires June 30, 2011 or beyond. The contribution is implemented July 1 following the contract expiration date.

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [6]What about non-unionized staff?

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [6]What about non-unionized staff? The BoE may determine which unit implementation date to tie these employees to. [the unit they most closely match]

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [7]What about an extension of the current contract?

S-3 Contribution Implications Effective Date: May 21, 2010 What does May 21, 2010 mean: [7]What about an extension of the current contract? ? ? [let’s discuss the April 20, 2010 Division Q & A]

S-3 Contribution Implications What is “base” salary? What about already existing contributions? What does the ‘opt-out’ cap apply to?

At least it’s something our insurance can’t claim is a pre-existing condition

Thank you! It has been a pleasure to present this information to you today. I hope you enjoyed it and that it proves useful to you as you engage in negotiations in your districts.