Collective Bargaining Explaining California’S System
Total Page:16
File Type:pdf, Size:1020Kb
REPORT March 1999 Collective Bargaining Explaining California’s System ollective bargaining to establish salaries, bene- unit, although supervisors such as principals may ® fits, and working conditions for public school form their own unit. Clarifying Cemployees is now an institutionalized fact of The rest of the employees comprise the classi- life in California — one that is simultaneously helpful Complex fied staff. For the purposes of bargaining, they are and unpredictable, familiar and not well understood, often subdivided into groups, such as clerical work- Education straightforward and complex. Virtually all public ers, custodians, or classroom aides. Issues school districts participate in collective bargaining. The impact of collective bargaining since the Starting negotiations authorizing legislation in 1975 has been pervasive: it Once the bargaining units are determined, each unit Collective plays a central role in each district’s decision making may elect a union as its exclusive representative by bargaining is process. It affects every aspect of a school’s environ- majority vote. An election need not be held if only a procedure, ment and budget and, on many occasions, educa- one union petitions to represent a unit; in that case, tional policies and practices. regulated by law, the district grants voluntary recognition. When for negotiating School districts can implement most new laws — exclusive representatives have been identified, bilat- from class size reduction to teacher evaluation — only eral good faith negotiations must begin. The law an employment after they have “bargained” the impact. This can be does not require that the negotiations result in a con- contract between a significant in a district’s labor-management relations. tract (see Figure 1). school district and Further, although districts bargain independently, The actual negotiators vary according to the size representatives control of revenues for public schools is centralized of the district and the nature of its personnel relation- of employees. All in Sacramento — leaving districts with limited flexi- ships. In small districts the superintendent (or a des- bility to satisfy competing requests for resources. California school ignee representing the school board) may negotiate This report explains how school district collec- directly with officers or representatives of the union. districts bargain tive bargaining works in California, how conflicts Larger districts may assign the responsibility to a with their unions are resolved, and who the players are. team of administrators. Unions usually select their in a process that bargaining team from within the membership. can range from How it works Either party may bring in an outside professional adversarial to negotiator to bargain according to instructions or cooperative. At least once every three years, the employer (the guidelines set by the school board or the union. For school board) and the exclusive bargaining agent example, the statewide unions, such as the California of the employees (the union) meet to negotiate the Teachers Association or California School Employees terms for working in the district. Collective Association, often offer assistance to local units, and INSIDE THIS REPORT bargaining is used to set salaries and bene- some school boards hire legal or other consultants. fits, hours, the calendar, and most aspects of Because negotiations are mandated once a How it works 1 the working conditions for the represented bargaining unit has been selected, the state reim- Administering the law 4 employees, as well as to solve unanticipated burses the school district for the direct expenses and resolving conflicts problems and address new issues during the (except for the superintendent’s time) that it incurs period of the contract. in the bargaining process, including the cost of sub- Who are the players? 7 stitutes for up to five teachers who are part of the An ever-changing 8 Choosing a union bargaining team. Unions pay for their costs out of setting The process for establishing collective bar- the dues collected from their members. gaining was initially spelled out in Senate The negotiations schedule is jointly planned, Bill 160, the Educational Employment Relations Act and the process can take months. Negotiations usually of 1975 authored by Senator Al Rodda (see box on result in a contract signed by and binding on both par- page 4). ties. It applies to all employees in the bargaining unit, Employees who do similar work may create a whether or not all of them have joined the union. EdSource thanks bargaining unit. Employees who hold a teaching The original intent was for negotiations to be the Walter & Elise Haas credential and a non-administrative teaching posi- completed before a school district approves its final Fund for its investment tion (including part-time) comprise the certificated budget. In practice, contracts often are delayed in our work. staff. In some districts, other employees, for example because the state’s budget is rarely adopted before nurses and librarians, are part of the certificated bar- July 1. Serious negotiations require knowledge of how © Copyright 1999 gaining unit. Credentialed management and super- much money the district will have available for salary by EdSource, Inc. visory employees are not included in the teachers’ increases, benefits, and other costs. 1 Collective Bargaining ■ March 1999 REPORT ® Trish Williams Figure 1 EdSource Executive Director 1998–99 EdSource THE COLLECTIVE BARGAINING PROCESS Board of Directors Sherry Loofbourrow, President Initial Former President, California School Proposal Boards Association Union William Moore, Vice President Public Vice Chairman of the Board, Comment Negotiations Tentative California Casualty Group "Sunshine" Agreement Gail Dryden, Secretary Initial Proposal Special Projects Director, League of Impasse District Women Voters of California Mediation Gerald C. Hayward, Fiscal Officer Revision, Adoption Sunshine Director, Policy Analysis for District's Intial Proposal Fiscal California Education Negotiations Effects William Chavez President, Strategic Education Services Fact Finding Carl A. Cohn Agreement Superintendent, Long Beach Contract Signed Unified School District Deborah Daniels-Smith Negotiations Director, SUCCESS – (Mediator may California Student Opportunity participate) and Access Program George Datz Chairperson, Educational Congress of California Unfair Contempt Work PERB Court Eugene Garcia Practice of Court Stoppage Decision Injunction Dean, Graduate School of Education, Charge Fine, Jail UC Berkeley Karyn Gill President, League of Women Voters of California Robert G. Haskell The dotted lines above indicate actions that occur when Senior Vice President, Public Affairs, the process fails. An unfair practice charge can be filed Pacific Life Insurance Company at any time during negotiations. EdSource 3/99 Donnell Jordan Teacher, Desert Sands Unified School District The term of a contract ranges from one to a Originally, the Rodda Act limited scope to Kelvin K. Lee maximum of three years. When negotiations stretch “matters relating to wages, hours of employment, Superintendent, Dry Creek Joint out for several months, the contract can be retroac- and other terms and conditions of employment.” Elementary School District tive to an earlier date. If agreed to in the original The latter were defined as certain health and welfare MaryAnn Memmer contract, specified items may be renegotiated (“re- benefits; safety conditions; leave, transfer, and reas- Vice President for Education, opened”) in the second or third year of a multi-year signment policies; evaluation, layoff, and grievance California State PTA contract by either party. Reopeners can be limited to, procedures; and class size. John Mockler for example, salaries, benefits, and one other topic, President, John Mockler & Through the appeals process, litigation, and new Associates, Inc. or they can include a longer list of items. laws, scope now covers many more topics. Typical Peter Schrag examples of the contents of a contract are in Figure 2. Contributing Editor, Sacramento Bee The details of the contract Among the myriad possibilities, the subjects for Rosaline Turnbull The law defines “scope,” a broad range of issues and bargaining are categorized as mandatory, permissive, President, California State PTA subjects that either party may introduce for negotia- or prohibited. Mandatory items must be negotiated, Krys Wulff tion. Scope is a crucial, dynamic area, one that was and failure of a school board to do so is evidence of President, American Association frequently litigated when collective bargaining was bad faith. Permissive items may be negotiated if both of University Women - California new to public schools. sides agree, but there is no legal duty to do so. 2 Collective Bargaining ■ March 1999 REPORT ® Non-negotiable items are preempted by the Figure 2 Education Code and are therefore beyond the scope of collective bargaining. Neither party may bring CONTENTS OF A TYPICAL TEACHERS’ CONTRACT those matters to the bargaining table. A crucial example of a non-negotiable item is the portion of the Education Code that describes due process — Compensation: cost-of-living adjustment, salary schedule, pay for specific duties (department chair, coach), mini- tenure — for permanent teachers. Dismissal proce- mum teacher salaries; expenses, travel reim- dures for all employees are spelled out in Califor- bursement, tuition reimbursement; mentor teacher nia’s Education