Bargaining Update April 10, 2017

SEA Bargaining Update: April 10, 2017

Contact the SEA Bargaining Chair, Ola Hadi, with questions at


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.



 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).



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.



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.



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.



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.



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.



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.



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.



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.



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



Ola Hadi, OHS (SEA Chair)

Ben Cassel, SUH

Colleen Cooke-Salas, MVA

Leo Hsu, BVH



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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