Bargaining Update April 10, 2017

SEA Bargaining Update: April 10, 2017

Contact the SEA Bargaining Chair, Ola Hadi, with questions at olaatsea@gmail.com

 

The SEA Bargaining Team met with the District team on April 7, 2017. The District presented proposals on Articles 5, 22, 25, and, later, on 37. They shared that they would not move on an earlier proposal on 30. The District withdrew its proposal on Article 8. Then the District proposed a “package proposal,” despite the fact that both parties had previously agreed to make tentative agreements in the course of bargaining.

The fact that the District presented a package proposal after almost a year of bargaining which shows little to no movement from their initial proposals, underscores a lack of District motivation to meet the needs of SEA members as articulated by the SEA Bargaining Team - and an attitude of complacency towards reaching agreement. This is particularly frustrating given how quickly SEA’s Bargaining Team moved to meet the District in their goals of tentatively agreeing to a new Calendar in Article 6.

 

ARTICLE 1 - AGREEMENT

 SUHSD:  3 year term, with reopeners in Year 2 and 3 for Wages and Benefits

Reopeners in Year 3 for Adult School (Art. 4), Induction (Art. 25), Evaluation  (Art. 14), Extra Duty (Art. 15).

SEA: The same as SUHSD, but dependent on agreement on Article 36 (Wages).

 

ARTICLE 36 - WAGES     

SUHSD: No change since 2/14/17:  3.75%  retroactive to Jan. 1, 2017, NOT July 1, 2016!

SEA:4.25% in 2016-2017 retroactive to July 1, 2016; 3% effective July 1, 2017; renegotiate as “reopener” in 2018-2019.

 

ARTICLE 4 - ADULT SCHOOLS  

SUHSD:   No substantial change since 5/16/16

SEA: Many changes proposed that were not considered by the District since January 12, 2016. One big change proposed is “right of first refusal” for probationary and temporary teachers for postings.

 

ARTICLE 8 - COMPLAINT PROCEDURE 

SUHSD:    No change since 1/30/17; Remove distinction between verbal and written complaint. District believes administrators already resolve complaints at the lowest level.

SEA: Interest in emphasizing resolving complaints at the lowest possible level; disagree that is the current practice of the District.

 

ARTICLE 10 - CONSULTATION RIGHTS  (No change since 1/18/17)

            SUHSD: Only agreed to add Technology to list of matters on which the Association may consult.

            SEA: Requested to also consult on Student Placement, PLC, and Curriculum and Instruction.

 

ARTICLE 11 - CREDENTIAL INCENTIVE PROGRAM        

SUHSD: No change since 1/18/17. Add Biology and Bilingual Authorization to areas of need.

SEA: Also wanted to add General Science and CTE.

 

ARTICLE 14 - EVALUATION   (No change since 10/21/16)

SUHSD: Professional Growth Track:  An evaluation may be “continued” only when an assistance plan was in place, the unit member has been on leave for more than four weeks or any mutually agreed reason. Clarify the supports for deficient evaluations.

SEA: Agree with SUHSD about clarifying the supports for deficient evaluations. Disagree about a Bargaining Unit Member on leave for more than four weeks or mutually agreed reason to lead to continued evaluation.

 

ARTICLE 15 - EXTRA SERVICE ASSIGNMENTS 

SUHSD: Unwilling to remove the language from our contract that refers to walk-on coaches.

SEA: Disagree about inclusion of walk-on coaches that are not Bargaining Unit Members in our contracts.

Both sides agree the revision of the stipend schedules needs to go to committee.

 

ARTICLE 20 - JUST CAUSE SUSPENSION  (No change since 1/18/17)

            SUHSD: Association to receive notification of suspension of unit members with the employee’s permission.

            SEA: Association requested notification prior to suspending a unit member.

 

ARTICLE 22 - LEAVES   (No change since 4/7/17)

SUHSD: Added legal requirement for parental leave. Accepted our request for a decrease in the qualifying number of sick days from 20 to 10.

SEA: Add language to clarify that parental leave may be taken intermittently.

 

ARTICLE 25 - INDUCTION / TEACHERS SUPPORT PROGRAMS

SUHSD: District considering new language around induction. They want PAR to be under Human Resources and took out references to PAR in 25.3. Their language leaves no obligation to do anything about PAR.

SEA: Committed to keeping strong language on PAR and having the Joint Governance Panel develop a pilot program for PAR services.

 

ARTICLE 30 - REPLACEMENT OR REPAIR OF EMPLOYEE’S PERSONAL PROPERTY                  

SUHSD: No change since 2/14/17. Personal property damage reimbursement increased from $350 to $500; vehicles from $600 to $750.

SEA: Personal property damage reimbursement increased from $350 to $750; vehicles from $600 to $1500.

 

ARTICLE 33 - SUMMER SCHOOL / INTERSESSION 

SUHSD:  Agreed to SEA proposal of 1/12/17, except for numbering in Leaves Chart which depends on agreement on Article 22.

SEA: We agreed that members of the Summer School committee would meet within one  month of ratifying contract and as needed. We are close to agreement in this article.

 

ARTICLE 34 - TEACHING ASSIGNMENT  (No change since 3/1/17)   

SUHSD: Proposed a more limited description of the election process when implementing an innovative schedule. Added language regarding inability to fill positions as a reason to create more one-sixth positions.

SEA: Codify the existing election procedures when implementing an innovative schedule. Incorporate language from a current MOU regarding one-sixths.

 

ARTICLE 35 - TRANSFER  (No change since 2/14/17)

SUHSD:  Introduced language in 35.2 B which guaranteed that the District would at least interview unit members, when there were 5 or fewer qualified unit members applying. In 35.2 C they agreed to eliminate Extra Service as a criterion for a tie in selecting an applicant. They agreed to provide SEA with a list of all applicants for each posted position. They agreed to moving language from 35.7 and 35.8 to Leaves (Article 22).

SEA: In 35.2 C2 we also want Bilingual removed as a criterion in case of tie for a posted transfer position. We wanted a reduction, from 6 to 4, in the number of SEA applicants it takes to trigger selection of a unit member for a transfer position.

 

NEW ARTICLE 37 - SPECIAL EDUCATION  (new Article proposed by SEA)

SUHSD: The last District proposal was a response to SEA’s desire for class caps.

  • For ED, they proposed an hard cap of 12 (SEA has wanted 8).
  • For Moderate and SDC classes, district wide average of 12 (SEA wanted hard cap of 15).
  • For Moderate, districtwide average of 15 (SEA wanted hard cap of 15).
  • SDC/Fundamentals, district wide average of 15 (SEA wanted hard cap of 15).

 

In 37.2, District wants to keep IEP days at 9 (as compared to SEA wanting 14).

SEA and District agreed to a SPED committee, with a composition that mirrors what SEA had proposed.

 

SEA: Interest in reducing class sizes, specifically in regards to SPED. To make it easier to keep the District accountable to their legal and moral obligations to provide quality education, we proposed class caps that are real, rather than a district average.

  • For ED classes, SEA proposed a cap of 8 students and a reduction in the number of preps from 10 to 2; The District offered a cap of 12 and no relief for the number of preps.
  • For Moderate and SDC classes, both parties proposed caps of 15 students, but SEA proposed a true cap, while the district’s proposal is that the cap be calculated on a district average.
  • For Moderate/Severe Classes, both proposed a cap of 12, with SEA’s a hard cap, and the district proposed a district average.  Increase the number of IEP days from 9 to 14.

 

NEXT MEETING DATE:

The SEA and District team will meet together on Thursday, April 13, 2017.

 

SEA BARGAINING TEAM

Ola Hadi, OHS (SEA Chair)

Ben Cassel, SUH

Colleen Cooke-Salas, MVA

Leo Hsu, BVH

 

DISTRICT BARGAINING TEAM

Jennifer Carbuccia, General Counsel (District Chair)

Scott Hendries, Labor Relations

Roman del Rosario, Director of Curriculum and Instruction (Absent)

Thomas Winters, Principal MVA

Ana Maria Alvarez, Assistant Superintendent of Teaching and Learning

Dr. Joe Fulcher, Assistant Superintendent for Equity, Culture & Support Services (Absent)

Karen Michels, Chief Financial Officer

Bettina Batista, Principal BVH

Dr. Milena Aubrey, Director of Human Resources (Absent)

Dr. Jay Marquand, Director of Alternative Education (Absent)

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Bargaining Update March

SEA Bargaining Update: March 1, 2017

Contact the SEA Bargaining Chair, Ola Hadi, with questions at olaatsea@gmail.com



Your Bargaining Team met with the District team all day on March 1, 2017.  The teams made significant progress, but still have much work to do before we can discuss settlement. The teams discussed several articles today, with the following results:

 

1 AGREEMENT

SEA proposed a three-year term for the CBA, but the proposal exists as a package with Articles 18 (HEALTH & WELFARE BENEFITS)  & 36 (WAGES).  SUHSD showed an interest in a long deal, but the sides do not agree on the other two parts of the package.

The contract would reopen Article 18 in the second year of the CBA, 2017-18, and Articles 4 (ADULT SCHOOL), 25 (INDUCTION), AND 36 (WAGES) in year three, 2018-19.

 

6 CALENDAR

The parties signed a Tentative Agreement on this article to include a draft of the 2017-18 school year calendar. SUHSD’s proposal specifically excludes Adult Schools, but includes Alternative Education members.  The work year of ROTC teachers needs to be confirmed with the military. The teams discussed possible language to make the changes in the Salary Schedules.

 

5 ALTERNATIVE EDUCATION

SEA and the District came to agreement on changes increase the calendar year of Alternative Education schools and also to minor changes regarding renaming some programs.

 

7 CLASS SIZES

SUHSD rejected all of SEA’s proposed changes in this article.  The district team presented estimates of financial impact that responded to the proposed class size numbers, but did not include incremental figures.  The district did not offer any numbers at all regarding proposed changes in some VAPA classes, which would bring them to parity with other classes.  

 

8 COMPLAINT PROCEDURE

The teams worked on resolving concerns expressed by both sides.  The specific language of the article is very important, as several recent grievances have focused on the current language.  This article was discussed at great length, focusing on (1) The advantages of focusing on an informal vs. a formal process, (2) The advantages of maintaining language referring to verbal vs. written complaints, and (3) To what the terms “resolved” and “resolution” refer.

SEA will be researching language in CBAs from other units in other districts.

 

12 DUTY HOURS

SUHSD rejected all of SEA’s proposed changes in this article.

 

16 FACULTY ADVISORY COMMITTEE

SUHSD rejected all of SEA’s proposed changes in this article.

 

17 GRIEVANCE PROCEDURE

SUHSD rejected all of SEA’s proposed changes in this article.

 

18 HEALTH AND WELFARE BENEFITS

SEA proposed language that would keep the district’s contribution at status quo for 2016-17, and would reopen the article for 2017-18 (for January 2018) and for the following year. This proposal is part of a 3-year term agreement. SUHSD has proposed no increases in its contribution.

 

22 LEAVES

The teams are close to agreement in principle on language regarding Childbearing Leave and Child Bonding Leave.  

 

25 INDUCTION / TEACHER SUPPORT PROGRAMS

The teams worked separately, in caucus, and together at the negotiating table, to establish language regarding the Induction program for new teachers.  There was no agreement on language regarding peer assistance (PAR) policies.  The SEA team will provide information on CTA PAR Training for future reference.

 

31 SAFETY CONDITIONS OF EMPLOYMENT

SUHSD rejected all of SEA’s proposed changes in this article.

 

34 TEACHING ASSIGNMENTS

The teams have significant differences in their approach to this article, particularly relating to establishment of schedules for newly opened schools, 1/6 assignment limitations, and allowance of IEP days for Special Education teachers (which SEA proposed moving to a new Article 37 – SPECIAL EDUCATION)

 

36 WAGES

SEA changed its proposal from a 5% increase, retroactive to July, 2016.  The new proposal is a three-year proposal to include Article 18 reopeners:

 

  •  a 4.25% increase, retroactive to the beginning of  2016-17.  

 

  • a 3% increase, 2017 - 18

 

  • Wages would be renegotiated through reopeners in 2018-19.

 

The district expressed great reluctance to negotiate a wage increase for 2017-18 until the State’s May Revised Budget is released, and would insist on reopeners.  

 

37 SPECIAL EDUCATION

The District rejected an earlier SEA proposal to increase the number of “IEP days” from 9 to 14. The District claims some teachers do not use all their IEP days as is, and that a FCMAT study findings claimed that even 9 days was “too high.”. SEA encourages SPED teachers to contact the team with personal stories to show a demonstrated need to support students and teachers. SEA emphasized the importance of reducing preps for Middle School SPED teachersThe District and SEA agree that a joint committee on SPED should be formed. The District will ensure that Ron Lopez is present to answer SPED questions at the next round of bargaining.

 

Future negotiations are scheduled for April 7 & 13, and May 12, 18, & 22.  The SEA team will meet for extended caucusing on April 10.



SEA BARGAINING TEAM

Ola Hadi, OHS (SEA Chair)

Ben Cassel, SUH

Colleen Cooke-Salas, MVA

Leo Hsu, BVH

 

DISTRICT BARGAINING TEAM

Jennifer Carbuccia, General Counsel (District Chair)

Scott Hendries, Labor Relations

Roman del Rosario, Director of Curriculum and Instruction (Absent)

Thomas Winters, Principal MVA

Ana Maria Alvarez, Assistant Superintendent of Teaching and Learning (Absent)

Dr. Joe Fulcher, Assistant Superintendent for Equity, Culture & Support Services (Absent)

Karen Michels, Chief Financial Officer

Bettina Batista, Principal BVH

Dr. Milena Aubrey, Director of Human Resources (Absent)

Dr. Jay Marquand, Director of Alternative Education (Absent)

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Bargaining Update February 22, 2017

SEA Bargaining Update - February 14, 2017

Contact the SEA Bargaining Chair, Ola Hadi, with questions at olaatsea@gmail.com

 

On February 14, 2017 the Sweetwater Union High School District (District) Bargaining Team met with the Sweetwater Education Association (Association)  Bargaining Team. A summary of our meeting with District team follows (not all articles are listed, for specific inquiries please email the Bargaining Team):

 

Article 5: The District proposed a counterproposal on Alternative Education that showed increased days (per discussions on Article 6) for Options, CDS, Palomar, Learning Center, and Alta Vista.

 

Article 6: The District proposed a counterproposal that showed new language which concerned the Association’s bargaining team as it seems to limit the additional three (3) work days to the terms of the agreement-this would mean that members would see a paycut if those days were removed at the end of the contract term. The Association confirmed, again, that if these days are negotiated that they would be used for some of the Zone days. However, the Association will not accept additional calendar days for only two years. Should negotiations lead to additional days, the Association will look to negotiate a start day on, or after, July 17, 2017.

 

Article 15: The District proposed a counterproposal that created an “interest list” in BUMs who have an interest in taking on extra service assignments, however their language would not guarantee the position would go to a unit member or that the position would be posted if it was already filled by a walk-on coach.  The District was not interested in taking out language regarding walk-on couches, that are not BUMs.

 

Article 35: The District did not accept our proposal to reduce the number of applicants needed to invoke our Transfer Article. Instead, the District proposed a counterproposal that showed BUMs trying to transfer under 35.3 B would at least be interviewed, and that the Association would receive a list of applicants after each posted position closed.

 

Article 22: The District proposed a counterproposal that showed no movement towards paid maternity leave proposed by the Association on 22.12. The District claimed that maternity leave would be cost-prohibitive and claimed it would cost about $6,000 per unit member not including other Associations who may also seek similar language because of “me-too” clauses in their contracts.  The District stated that they were unable to determine how many BUMs go out on maternity leave. There was also no response on on a previous Association proposal to decrease the amount of days needed to donate to catastrophic leave, but that seemed to be a District oversight and non-intentional.

 

Article 30: The District proposed a counterproposal that showed a willingness to increase payments to repair and replace BUM’s equipment.

 

Following these counterproposals, the Association and the District had a long discussion about Article 25 that was honest and thoughtful. SEA and the District seemed to agree largely on language concerning Induction Program changes but there needs to be further discussion on how to resolve much needed language to support teachers receiving PAR services.

 

After the discussion on Article 25, Dr. Fulcher gave a presentation on all that is currently done on hot days to help students, coaches, and BUMs. This was in response to an earlier proposal the Association had put forward regarding the Safety article and heat days.

 

After the presentation, further negotiations took place:

 

Article 3: The Association and the District tentatively agreed to changes in Article 3 (the entire agreement would still need to be voted on by members) .

 

Article 37: The District proposed a counterproposal recognizing that SPED was a major priority of the Association this year. The proposed new language on a Special Education Study in response to earlier proposals by the Association. They also agreed to class caps for ED, but kept Mod/Severe and Mod. caps around district averages. The District did not agree to an earlier Association proposal to give SPED teachers an extra preparation period. They estimated the cost of the Prep period to be about 54 new teachers, at 5.8 million dollars. They also did not agree to an Association proposal to increase IEP days to 14 days. They estimated the cost of 14 days to be too high. The District also claimed that FCMAT says 9 days (current number) is too high, but that they need a study to determine any needed days. When pressed, the District stated that it would be $256,000 for an increase from 9 to 14 days. While the Association was pleased to see that the District had agreed to a hard cap on ED, they are concerned about the district wide average for mod/severe and mod. The Association communicated concerns regarding monitoring of District wide averages and made a request for the District’s process around monitoring.

 

The District and Association then discussed monetary items. The District shared that they are estimating the cost of a 1% wage increase to be about 2.1 million. They claimed that Adult School is encroaching on the General Fund. According to the District, the General Fund is supplementing $600,000 of the 17 million Adult Fund budget. The District claimed to be concerned about impact on services with Adult Fund when most of monies are going to wages. The Association questioned the District on why there was a large ending balance in Adult School if there was supposed encroachment. The CFO claimed that the District is projected to use that ending balance and end up with zero for a beginning balance. The District was unable to answer at that time why there was such an increase that would eat up the ending balance. The Association also questioned how there was a general fund encroachment when this fund ends with money every year, according to past records.

 

Article 36: The District proposed a 3.75% wage increase only retroactive back to January 1, 2017, with reopener for wages and benefits in May.

 

Article 18: The District proposed a counterproposal keeping the cap where it is on Health and Welfare Benefits. According to the CFO, it would cost $800,000 to increase Health and Welfare to $1,200. The District also claimed a Peoplesoft, operational concern, with paying retroactively.

 

Future Negotiations: The District and the Association will meet next on at 8:30 am at the SCTU offices on March 1, 2017.

 

SEA BARGAINING TEAM

Ola Hadi, OHS (SEA Chair)

Ben Cassel, SUH

Colleen Cooke-Salas, MVA

Leo Hsu, BVH

 

DISTRICT BARGAINING TEAM

Jennifer Carbuccia, General Counsel (District Chair)

Scott Hendries, Labor Relations

Roman del Rosario, Director of Curriculum and Instruction (Absent)

Thomas Winters, Principal MVA

Ana Maria Alvarez, Assistant Superintendent of Teaching and Learning

Dr. Joe Fulcher, Assistant Superintendent for Equity, Culture & Support Services

Karen Michels, Chief Financial Officer

Bettina Batista, Principal BVH

Dr. Milena Aubrey, Director of Human Resources (Absent)

Dr. Jay Marquand, Director of Alternative Education

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Bargaining Reports 2017

 SEA Bargaining Update, January 30, 2017
 
 By SEA Bargaining Team
 
 Contact the SEA Bargaining Chair, Ola Hadi, with questions at
 
 On Monday, January 30, the SEA Bargaining team met with the District team
 at the SCTU office.  During the all-day meeting, the District passed
 responses to four of the proposals SEA made at the last meeting and SEA
 passed a response to the District’s proposal on Article 6, Calendar.
 
 Thanks to all the unit members who participated in the Survey regarding the
 work year and to those who voiced their concerns via phone calls and
 e-mails. Your input showed that our bargaining unit members were in favor,
 2:1, to extend their work year to add more non-instructional days.
 Overwhelmingly, the number of days chosen was three (3). The option most
 chosen was the one listed as “B” on the Survey; to add one pre-service day
 on July 19, 2017, and add a full professional development day on each of
 Oct. 3, 2017 and Jan. 9, 2018. The school year would end on June 6, 2018.
 
 The following update does not reflect all of the Articles that are still
 open during Bargaining. Please see past updates available on the SEA
 website or email the Bargaining Team with specific questions.
 
 Article 5 Alternative Education
 
 The teams are very close on an agreement. If the 7-12 work year is extended
 by 3 days, clarification was reached that all 184-day Alt. Ed. schools
 would increase their work year as well to 187. The District will clarify on
 February 14th if 205 workday Bargaining Unit Members or Adult School
 teachers (175) will see any impact on their calendars.
 
 Article 6 Calendar and Work Year
 
 Based on the results of the Survey, SEA put forth a proposal to  increase
 the Work Calendar year from 184 to 187 days with adjustment to the Salary
 schedule to reflect the additional work days (1.63% total). SEA restated to
 the District the importance to members that PD be meaningful and that the
 additional days would be used to reduce the amount of lost instructional
 time due to Zone meetings.
 
 Article 8  Complaint Procedure
 
 The District presented another counterproposal to SEA. SEA will review
 their proposal and present a proposal at a future Bargaining Meeting.
 
 Article 35: Transfer
 
 The teams have significant differences regarding the number of qualified
 unit member applicants required for a posted position to go to a current
 bargaining unit member. There is also disagreement as to whether the point
 for the bilingual certificate should carry a point when the assignment was
 not posted as a bilingual position.
 
 Article 25: Induction/Teacher Support Programs
 
 SEA and the District began to discuss the Joint Governance Panel’s
 recommendations for a revision of Article 25 and agreed to continue
 discussing the Article on February 14th.
 
 Future Bargaining
 
 The two teams will meet again on February 14th at the SCTU office. On that
 date, the two teams will continue discussing Article 25, and will engage in
 a longer conversation about District financial information and expect a
 response to more of the Article with significant monetary costs, such as
 Article 7, Class Size. The District will also propose a counterproposal to
 Article 6.
 
 SEA BARGAINING TEAM
 
 Ola Hadi, OHS (SEA Chair)
 
 Ben Cassel, SUH
 
 Colleen Cooke-Salas, MVA
 
 Leo Hsu, BVH
 
 DISTRICT BARGAINING TEAM
 
 Jennifer Carbuccia, General Counsel (District Chair)
 
 Scott Hendries, Labor Relations
 
 Roman del Rosario, Director of Curriculum and Instruction (Absent)
 
 Thomas Winters, Principal MVA
 
 Ana Maria Alvarez, Assistant Superintendent of Teaching and Learning
 (Absent)
 
 Dr. Joe Fulcher, Assistant Superintendent for Equity, Culture & Support
 Services (Absent)
 
 Karen Michels, Chief Financial Officer (Absent)
 
 Bettina Batista, Principal BVH
 
 Dr. Milena Aubrey, Director of Human Resources (Absent)
 
 Dr. Jay Marquand, Director of Alternative Education

SEA Bargaining Update, January 18, 2017

On Wednesday, January 18, the SEA Bargaining team met with the District team at the SCTU office.  During the all-day meeting, the District passed responses to seven of the proposals SEA made at the last meeting and made new proposals for two others, and the two teams discussed several other articles.

SEA Bargaining Update, January 18, 2017

By Ben Cassel, SEA Bargaining Team Member

Article 3: Association Rights

The District responded to the SEA proposal regarding SEA officers returning from leave.  The SEA team modified the counterproposal in caucus, and after review, the two teams agreed on the language.

 Article 5 Alternative Education

The District team offered a proposal in which they offered some clarifying language, but removed language that referred to Alta Vista’s 205-day work year.  SEA presented a counterproposal, in which some of the District’s language was agreed upon, but the Alta Vista Academy language was retained.

Article 6 Calendar and Work Year

The District team proposed a modification to the calendar, adding three non-instructional days, to be paid at the per-diem rate (approximately 0.53% raise per extra day).  The District’s proposal of three days included two full days of district-directed professional learning, and one day would be used as an additional In-Service day (increased from 4 to 5), in which half of each day would be district-directed, and the other half spent on each member’s work site, at his/her discretion.

SEA is preparing a survey to ask for member input on the proposed change.  Members will be asked if they are interested in adding the days, and if so, how many days, and on what days they would be assigned.  

Option A proposed on 1/12/17 (early start back on Thursday)1st day for staff:  Thursday, July 13th, 1st day for students: Tuesday, July 18th, 2017; 1st day staff: Monday, October 2, 2017, 1st day students: Wednesday, October 4, 2017; 1st day staff: Friday, January 5, 2018, 1st day students: Monday, January 8, 2018; last day: Friday, June 1, 2018.

Option B proposed on 1/18/17 1st day for staff on Monday, July 17, 2017, 1st day students: Thursday, July 20, 2017; 1st day for staff on Monday, October 2, 2017, 1st day students:  Wednesday, October 4, 2017; 1st day for staff on Monday, January 8, 2018, 1st day students: Wednesday, January 10, 2017; last day Wednesday, June 6, 2018.

Article 8  Complaint Procedure  

The District presented its counter proposal to SEA language.  The two sides have substantial disagreements.  They agree fundamentally on the need for resolving complaints at the lowest level possible, and informally. The two sides do not  agree on what constitutes a resolution, and at what point in the process disciplinary or evaluative action can be initiated.

Article 10 Consultation Rights

At the last meeting between the two teams, SEA proposed that the matters on which the Association has the right to consult be amended to include Student Placement, Technology, PLCs, and Curriculum and Instruction, including that of Learning Centers and middle school alternative programs.  The District’s counterproposal incorporated the phrase regarding middle and high school alternative programs, and agreed to the Association’s right to consult on technology.  

The District delivered four questions regarding student placement and PLCs to which SEA was asked to respond, and arranged a meeting with Dr. Roman Del Rosario, Executive Director of Curriculum and Instruction, to meet regarding student placement.

Article 11 Credential Incentive Program

The District passed a counterproposal from SEA regarding areas of special need in the district.  SEA had proposed adding Bilingual (BCLAD) credential, General Science, and CTE.  The district countered with a proposal to add Biology and Bilingual Authorization.

Article 12 Duty Hours

SEA had proposed language guaranteeing a 5-minute passing period to and from lunch, replacing ambiguous language in the existing article.  In addition, SEA proposed custodial and clerical services to assist school nurses, and a guaranteed lunch break for traveling and roving nurses as well.  The District did not offer a counterproposal, but came with questions regarding the proposals.

Article 20 Just Cause Suspension

SEA had proposed to make it a requirement that the District notify the Association any time a member was facing suspension.  SEA also proposed eliminating language by which a member could be suspended without pay for five days prior to an evidentiary hearing.  The District agreed in principle to notification of the Association when a member faced suspension, but only with the permission of the member.  The chair of the District team stated that it was policy to notify the Association in such cases, either in writing or verbally, but with members’ names redacted; however, that provision was not part of the District’s proposal.  The District did not agree to delete the language regarding a five-day suspension before a hearing.

Article 33  Summer School/Intersession

The SEA team had proposed that the Summer School/Intersession Joint Committee meet within one month after the ratification of this contract, and regularly thereafter as needed.  The District agreed with this provision.  SEA had also proposed clarifying language regarding Summer School of Intersession leaves.  The District team prefers to negotiate Article 22: Leaves before that language is discussed.

Meeting regarding consultation over student placement

After the formal bargaining session concluded, members of the SEA team met with Dr. Roman Del Rosario, who reviewed the Curriculum Guide for Student Placement in response to SEA’s proposal to add Student Placement to the areas for which SEA had a right to demand to bargain.  Dr. Del Rosario reviewed the sections of the Guide which regulate ELD placement.  

The bargaining session was conducted in an atmosphere of mutual respect and candor.  The two teams will meet again on January 30 at the SCTU office.

Respectfully submitted,

Yr. Obed. Serv.,

Ben Cassel

SEA BARGAINING TEAM

Ola Hadi, OHS (SEA Chair)

Ben Cassel, SUH

Colleen Cooke-Salas, MVA

Leo Hsu, BVH

DISTRICT BARGAINING TEAM

Jennifer Carbuccia, General Counsel (District Chair)

Scott Hendries, Labor Relations

Roman del Rosario, Director of Curriculum and Instruction (Absent)

Thomas Winters, Principal MVA

Ana Maria Alvarez, Assistant Superintendent of Teaching and Learning

Dr. Joe Fulcher, Assistant Superintendent for Equity, Culture & Support Services (Absent)

Karen Michels, Chief Financial Officer

Bettina Batista, Principal BVH

Dr. Milena Aubrey, Director of Human Resources (Absent)

Dr. Jay Marquand, Director of Alternative Education

 

SEA Bargaining Update, January 12, 2017

By Ola Hadi; olaatsea@gmail.com

619.356.1777

SEA’s Bargaining Team met with the District Team on Thursday, January 12, 2017.

SEA presented all of our remaining proposals. SEA shared nine new proposals (in addition to previously submitted proposals), along with changes in language regarding Appendices C-6 and C-9. The District brought to the table a new interest in a longer Calendar year, Article 6, and expressed a lack of interest in previous SEA proposals regarding making suspensions grievable and expressed reservations about former SEA proposals, such as hard class caps versus averages. SEA withdrew an earlier proposal on Article 3. More details are presented below.

SEA’s NEWEST PROPOSALS

A brief synopsis (not all proposed changes) of SEA Proposals that were presented today follows:

Article 4, Adult Schools: SEA proposed changes that would help Adult School teachers move towards greater parity with K-12 teachers. SEA proposed: change stipend pay to hourly pay, implement a stronger version of the FAC called the Site Governance Panel (SGP), increase pre-school teacher prep time, change selection criteria for teaching hours, recover language from a previous contract to provide preference to more senior teachers for vacancies, require the District to post vacancies using more technology and more frequently, compensate teachers that are moved to a different site with 6 hours of extra duty pay, allow for appeals on teaching assignments to the SGP, allow for more and earlier input on the Master schedule, increase paid staff development hours, and change temporary evaluations to any semester. SEA also proposed a salary schedule revision with the intent of decreasing the amount of time between incremental increases.

Article 15, Extra Service Assignments: SEA made proposals with the intent that more Bargaining Unit Members would be able to have the opportunity to become coaches, including increasing posting and removing language that currently protects walk-on coaches that are not our bargaining unit members. SEA also proposed that the Joint SEA-District Stipend committee meet within one month of ratification of the contract to discuss issues related to stipends. The District expressed an interest in having that Committee also draft job requirements or descriptions.  

Article 18, Health and Welfare Benefits: SEA proposed an increase to Health and Welfare Benefits by $1,200 annually, changing the contribution from $14,130 to 15,330. This is aligned with the $100 a month increase a large number of members now see in their Health and Welfare Benefits Plans in 2017. This is not a “true contribution” by the District, as they spend an average of roughly $10,000 per member annually. Therefore, and in light of other proposals the SEA Bargaining Team could have brought forward that are more expensive and complex, the SEA Bargaining Team sees this as a very modest proposal to change Benefits. SEA will continue to study and research health and welfare benefits and proposed to reopen this article in 2017-2018. The District expressed confusion about whether or not this proposal would lead members to have to change plans or open enrollment. SEA clarified that no new open enrollment would take place, simply a change in whatthe District contributes toward benefits costs starting with January 1, 2017.

Article 22, Leaves: The most significant part of SEA’s proposal on Article 22 was bold new language designed to retain and attract educators. SEA called for 6 weeks paid childbearing/adoption leave. This would allow members to keep more of their sick days and this new benefit will help to attract higher quality applicants in the expected teacher shortage. SEA also added language in line with new legislation which would give members 12 weeks of Parental Leave after Childbearing/Adoption Leave. SEA also proposed lowering the number of accrued sick days needed to donate to the Catastrophic Leave Bank from 20 to 10 to help bargaining unit members who are often low on sick days, such as new hires and mothers.

Article 33, Summer School Intersession: Mostly cleaning up language, but SEA did include language that the Joint SEA-SUHSD Summer School Intersession committee meet within one month of the ratification of the contract.

Article 35, Transfers: SEA proposed reducing from 6 to 3 the number of applicants needed to trigger the point system of the transfer article and reducing from 5 to 2 the number of applicants needed before the District can select a non-unit member. SEA also proposed eliminating criteria in transfer selection processes that add points for bilingual and extra service in positions that do not require them. SEA also cleaned up and removed language on Leaves that was pertinent to this section.

Article 36, Wages: SEA proposed a 5% increase, retroactive for the 2016-2017 school year, with a reopener for the 2017-2018 school year. This is comparable to what other Associations in San Diego are receiving in this school year, with some seeing raises of 6% and higher. SEA also proposed that other salary schedules be increased by 5% for 2016-2017, with reopeners for 2017-2018. References to ROP were also changed to the new ROP title, CTE.

Article 37, Special Education: SEA proposed brand new language. It included language on class caps, but differs from Article 7 on Class Size in that it includes class caps for Moderate/Severe and Moderate at 12. Proposed new language for ED classes including a cap of 8, a limit of two subjects per ED teacher, and two ED teachers for each program at a site. SEA also asked for more to help SPED teachers manage their caseload and serve students, including proposing a caseload Preparation period and an increase of IEP days (a request repeated in Article 34.1I). SEA also proposed a new Joint SEA-SUHSD Special Education Committee. This District expressed a concern about hard caps, and shared that they don’t know of a District where SPED teachers receive both a caseload preparation period and IEP days.

Article 38, Workload: SEA proposed brand new language which mandates that the District provide a description of new programs and teachers involved, the opportunity for teacher input for new programs, that any new programs be prepared prior to implementation, and that reasonable assistance be provided for increased workload. Lastly, the new article requires that materials required for any new programs be provided by the District.

Appendices C-6 and C-9: SEA proposed new salary schedules in line with proposals for changes for Adult school teachers and CTE (formerly ROP) teachers.

Verbally, SEA proposed a two year contract for 2016-2018, with reopeners on Article 18 (Health and Welfare Benefits) and Article 36 (Wages). The District asked to discuss reopening Article 25 (Induction) as well, since our Side Agreement on the new Induction Program replacing BTSA will expire soon. SEA voiced a willingness and openness to the District’s suggestion.

LONGER CALENDAR YEAR?

The District did not pass any proposals in writing, but did share an interest in changing the Calendar work year from 184 days to 187 days. They stated that the interest was in reducing the amount of time teachers spent outside of the classroom on PD. Two days would be fully District directed Professional Development days, and one day would be split between teacher time and District time, in the spirit of Article 6.18. SEA related the need to gather input from members on their attitudes towards any possible increase in work year, even at a .54% salary increase per additional day. The District did pass a possible Calendar revision. SEA voiced concerns that the Calendar presented by the District would move up the student start date to July 18 (Tuesday) and set three preservice days to include the prior Thursday and Friday. Nonetheless, SEA will gather input from members. The Bargaining Team will send a brief survey to all unit members in conjunction with the SEA Communications Team. Bargaining Unit members are also encouraged to email and/or call their SEA Site Representatives ahead of SEA’s Rep Meeting next Tuesday.

RESPONSES TO DISTRICT PROPOSALS

The District asked whether we had considered their earlier proposal on Article 5, Alternative Education. We made clear that we found their proposal inconsistent, and therefore wished to remain status quo. We also responded to their conceptual proposal on Article 25 (Induction), saying that we may consider it as a reopener for the 2017-2018 year.

 

ARTICLES FOR WHICH SEA HAS SUBMITTED A PROPOSAL TO DATE:

  1. Article 1. Agreement (verbal)

  2. Article 3. Association Rights (withdrawn by SEA)

  3. Article 4. Adult Schools

  4. Article 5. Alternative Education

  5. Article 6. Calendar

  6. Article 7. Class Size

  7. Article 8. Complaint Procedure

  8. Article 10. Consultation Rights

  9. Article 11. Credential Incentive Program

  10. Article 12. Duty Hours

  11. Article 14. Evaluation

  12. Article 15. Extra Service Assignments

  13. Article 16. Faculty Advisory Committee (Site Governance Panel)

  14. Article 17. Grievance Procedure

  15. Article 18. Health and Welfare Benefits

  16. Article 20. Just Cause Suspension

  17. Article 22. Leaves

  18. Article 25. Induction

  19. Article 30. Replacement or Repair of Employees Personal Property

  20. Article 31. Safety Conditions

  21. Article 33. Summer School Intersession

  22. Article 34. Teaching Assignments

  23. Article 35. Transfers

  24. Article 36 Wages

  25. Article 37. Special Education (Brand new language)

  26. Article 38. Workload (Brand new language)

  27. Appendices C-6 and C-9

ARTICLES FOR WHICH THE DISTRICT HAS SUBMITTED A PROPOSAL TO DATE:

  1. Article 4. Adult Schools

  2. Article 5. Alternative Education  (SEA believes this proposal has inconsistent language)

  3. Article 6. Calendar  (verbal, although a Calendar proposal including 3 additional days was passed)

  4. Article 14. Evaluation (conceptual proposal, not fully detailed)

  5. Article 18. Health and Welfare Benefits

  6. Article 25. Induction (conceptual proposal, not fully detailed)

FUTURE BARGAINING DATES:

Future Bargaining Dates were established, and will be taken as needed at the SCTU Offices on 1/18, 1/30, 2/14, and 3/1.

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