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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