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CONTRACT NEGOTIATIONS

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Kevin McKinnon

on 14 January 2015

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Transcript of CONTRACT NEGOTIATIONS

Our contract deals with the details and parameters of employment. Some things are excluded and non-negotiable:

Danielson is not negotiated by this team

Terms of employment









What are we negotiating ?
CONTRACTS: The Basics
Contract Negotiation
Crisis Management
Amicable Agreement
Responsibilities




School Day (length, division of time)
Supervisions (during and after)
Meeting schedules (Dept., faculty, etc.)
Mandated Record Keeping
Data Collection
Levels of personnel required
Compensation


Each of these individuals will bring to our team depth and breadth of knowledge and experience, creating a rounded approach to an arduous process:

Kevin McKinnon, Chief Negotiator
Kathleen McNeeley, President
Valerie Gardner, IEA UniServ Director




Team
Pre-Negotiations Process
Contract negotiation is the process of give and take the parties go through to reach an agreement.

The goal is for an agreement to be made beneficial to all involved parties.

Discussions may go back and forth between parties until all points have been agreed upon.
What is a Contract Negotiation?
Review staff surveys, negotiating history, records of grievances, various strategies and potential outcomes of our points of leverage.

Serves as the wall we do not want our backs against.

Upon the potential development of a Tentative Agreement (TA), the BATNA is consulted and evaluated. Should we find we are sacrificing too much, we will reject the agreement and go back to negotiations.


BATNA
PROCESS
In the event of a "Crisis"
No Reprisal
Defined as the retaliation by an employer against an employee for participation in grievance or lawful labor relation practice.
Credit Unions
Great Lakes Credit Union (formerly the HF Credit Union) extends us a courtesy of ZERO percent loans that in the event of a work stoppage, will cover your salary during the process.
When labor resumes, during the following pay period, all back pay will be repaid at once.
It is then expected that you pay it back in its entirety.
Reasons not to fear
What defines an amicable solution?
District 228 Contract Negotiations



Compensation comes in two forms:
Time and Money
Salary
Extra duties
Addenda
Health Insurance
Sick Days and Personal Time



Examples:
Development of Questionnaire
Method of delivery
Acquisition of resources
Interpretation of case law, fiscal and HR numbers
Methods of determining fair compensation
Grievance history
Contract history

Good-faith bargaining generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal.

Good faith bargaining requires employers and unions involved in collective bargaining to:

use their best endeavors to agree to an effective bargaining process
meet and consider and respond to proposals made by each other
respect the role of the other's representative by not seeking to bargain directly with those for whom the representative acts
not do anything to undermine the bargaining process or the authority of the other's representative.

How We Are Bound Legally

Crisis Managers
Crisis Hub for union communications
Emergency Call/Email List
A call for "ever-presence" where we show up in mass to all district meetings

Fair and equitable.

Our mantra: "We are worth the investment."

GA convenes, votes and ratifies a contract
Tinley Park:
Mary Gabel
Mike Barcena
TBA

Bremen:
Kevin Walsh
Kevin Donegan
Michael Lynch


Oak Forest:
Eric Mollin
Dan Chambers
Edwin Lipowski

Hillcrest:
Anthony Rappold
Gregory Fitch
Mike Cicirale
Best Alternative to Negotiated Agreement
Prepare: This phase involves composition of a negotiation team. The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. In this phase both the employer’s representatives and the union examine their own situation in order to develop the issues that they believe will be most important. The first thing to be done is to determine whether there is actually any reason to negotiate at all. A correct understanding of the main issues to be covered and intimate knowledge of operations, working conditions, production norms and other relevant conditions is required.

Discuss: Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.

Propose: This phase involves the initial opening statements and the possible options that exist to resolve them. In a word, this phase could be described as ‘brainstorming’. The exchange of messages takes place and opinion of both the parties is sought.

Bargain: negotiations are easy if a problem solving attitude is adopted. This stage comprises the time when ‘what ifs’ and ‘supposals’ are set forth and the drafting of agreements take place.

Settlement:
Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effective joint implementation of the agreement through shared visions, strategic planning and negotiated change.
Good Faith Bargaining:

Employee/employer negotiations result in a written agreement (also known as a collective agreement) that lasts a set time period, such as three years.
Proposal
Negotiations perspective:
some points to consider
90 million budget
At least one district has bargained away their salary schedules (out of fear of SB1)
CPI:

You must, must, contact Mary Rose Bernas with your personal email address. If we do not have your email, you will NOT receive the survey. Survey will be sent out January 14 and will close on January 30.

Scope of services to be performed

Contract:
This team will enter negotiations for all other aspects of our working life which is two parts:
Tentative Agreement
This is the goal of the process:

the agreement is not put into effect until each side has ratified (or voted to approve) it
voting rights are only extended to dues paying members of the union
Should the TA not meet the General Assembly's approval, it will be sent back to the Process.
Bargaining Process
The proposal is intended to be created by both sides for review before discussions begin. It outlines the goals of each side, setting benchmarks for each sides position.
Dates are planned for meeting with administration.
Topics to be addressed are outlined before each meeting.
Subcommittees convene and prepare to assemble goals and strategy.
The full team assembles on the given date and prepares.
The administrative negotiating team and JFANT will negotiate and take quorums (sidebars) as needed.
At adjournment, future dates are scheduled.
Danielson:
By law (IL school code, Performance Evaluation Reform Act), we are limited in what we can "negotiate"
Q. What is required from PERA?

A. Performance evaluations of the principals, assistant principals, and teachers of a school district must include data and indicators of student growth as a “significant factor.”

Q. What does “significant factor” mean?

A. Student Growth
shall represent at least 30 percent of the summative
performance evaluation rating and teaching practice shall represent 70 percent, except student growth may represent at least 25 percent of a teacher’s performance evaluation rating in the first and second years of a school district’s implementation of a performance evaluation system and teaching practice 75 percent.

Q. What types of assessments are required for the student growth component?

A. The performance evaluation plan shall identify at least two types of assessments for evaluating each category of teacher (e.g., career and technical education), grade and one or more measurement models to be used to determine student growth that are specific to each assessment chosen.

The evaluation plan shall include the use of at least
one Type I or Type II assessment and at least one Type III assessment
.
State Model - IL public school districts that
choose not to develop their own evaluation
systems can use the state model. Illinois
educators on the Performance Evaluation
Advisory Council will make recommendations
to the Illinois State Board of Education, which
will incorporate the recommendations it
accepts into administrative rules. The state
model will adhere to what PEAC and ISBE
consider best practices.
PERA established the Performance Evaluation Advisory Council (PEAC) comprised of teachers, principals, superintendents and other interested stakeholders to advise ISBE on the development and implementation of improved performance evaluation systems and supports. The PEAC has been meeting monthly in Bloomington (Normal), Illinois and will continue to do so through 2017
We "negotiate" the data piece and its value.

We "collaborate" on the tool (Danielson components).
Some other elements are negotiable but that is not for this team or this meeting.

On issues we cannot agree, we will revert to the state model, designed by PEAC. In an absence of model designed by PEAC, the state will defer to Superintendent's decision.

Please attend an Evaluation Committee for clarification on these things
Complications
Building Reps
2009-2012
Soft (multiplier), 2% on base, 2% on base

Added an online degree allowance
Added retirement language
Lots of position-neutral language "clean-up"
Personal Business Leave— up to four personal business days
Increased contribution of Insurance premium by dollar amount


2012-2015

Hard, soft, soft
(zero,multiplier, multiplier)
The multiplier amounts to anywhere between 2 and 4 percent
Civil partner
Defined part-time teachers
Discipline language added
Insurance changed to a percentage of premium

(Read your contract)

*New admin. that agreed to leave our bargaining unit took a hard freeze and received three percent raises there after (our steps are relatively the same) on their five year contract.
Mediation
non-legal hearing
Arbitration
legal hearing
Strike (work stoppage)
vote
begin "state of crisis"
continue negotiating
TBA
TBA
Full transcript