Best Practices in Contract Negotiations

Transcription

1 Best Practices in Contract Negotiations Publication 407 RESEARCH & NEGOTIATIONS TRAINING PROJECT AFL-CIO California School Employees Association Our mission: To improve the lives of our members, students and community. Revised May 2011

2

3 Best Practices in Contract Negotiations Module 407 T a b l e o f C o n t e n t s Section 1 Developing Contract Proposals INTRODUCTION PREPARATION Record Keeping Contract Review Membership Input The Survey 1-3 Job Stewards and Site Representatives Chapter Committees Chapter Meetings Class, Site, Department and Unit Meetings CSEA Field Staff Analyze and Prioritize Writing Contract Language CSEA Staff Drafting Contract Language A CSEA Resource Guide.1-7 Reviewing Employer Policies, Rules and Regulations. 1-8 Reviewing the California Education Code Approval of Initial Proposals The Formal Proposal The Traditional Approach An Alternative to the Traditional Approach Checklist for Contract Review Section 2 Ratification Procedures Introduction At the Table Away from the Table EMPLOYER S LAST OFFER THE RATIFICATION MEETING PLANNING THE MEETING THE MEETING ITSELF OTHER i

4 T a b l e o f C o n t e n t s (continued) (Section 2 continued) SUMMARY OF RATIFICATION AND BALLOTING PROCEDURES Yes and No Vote Alternatives After a No Vote Section 3 CSEA Policies for Collective Bargaining POLICY 610 COLLECTIVE BARGAINING Section 4 California Educational Employment Relations Act CHAPTER 10.7 MEETING AND NEGOTIATING IN PUBLIC EDUCATIONAL EMPLOYMENT Article 1. General Provisions Article 2. Administration Article 3. Judicial Review Article 4. Rights, Obligations, Prohibitions, and Unfair Practices Article 5. Employee Organizations: Representation, Recognition, Certification, and Decertification Article 6. Unit Determinations Article 7. Organizational Security Article 8. Public Notice Article 9. Impasse Procedures Article 10. Miscellaneous ii

5 SECTION 1 Developing Contract Proposals Introduction Preparation Membership Input Analyze and Prioritize Writing Contract Language Approval of Initial Proposals The Formal Proposal Checklist for Contract Review

6

7 Developing Contract Proposals INTRODUCTION It is important for local CSEA chapters to develop contract proposals in an orderly and systematic manner a manner which serves the interests of the bargaining unit members they represent. This may best be accomplished in the following sequence. 1. Engaging in a continuous period of preparation, 2. Receiving input from bargaining unit members and groups of members, 3. Analyzing and prioritizing proposals, 4. Writing contract language or formal summaries for submission to the employer, 5. Having chapter members formally ratify the proposal, 6. Submitting the formal chapter proposal to the employer. PREPARATION CSEA Policy 610 Ensuring Member Democracy and Transparency in Negotiations The purpose of this policy is to ensure that negotiated collective bargaining agreements and subsequent modifications, as described in Sections.8 and.9 of this policy, are properly approved by the chapter s membership and the Association. (See, Policy ) Upon election or appointment as negotiators, and/or before taking any steps towards the bargaining process, the bargaining team members must thoroughly review CSEA Policy 610. Policy 610 applies to every CSEA chapter regardless of whether it follows traditional bargaining methods, or interest based bargaining. Failure to adhere to the requirements of Policy 610 can result in the State Association voiding any agreements that might be reached with the local education agency (See, Clovis Unified School District (2002) PERB Decision No. 1504), lead to redoing ratification votes, and could subject individual officers to CSEA discipline - up to and including expulsion from membership or removal from office. (Policy 610.2) Pursuant to CSEA Policy 610, no individual officer or member has the right under CSEA Policy to enter into an agreement or MOU without the membership s approval; this assures member democracy and transparency in negotiations. Negotiators should also review Module 410, Organizing for More Power in Negotiations, and adopt a written contract campaign plan which at a minimum outlines the strategy and basic tactics that the Chapter will pursue to secure its contract. This comprehensive plan should link the requirements of bargaining for the negotiators with developing the strength and power of 1

8 rank and file membership support away from the table. It should be tied to the calendar so that the campaign rolls out strategically, i.e., rank and file mobilization should begin during budget adoption for the year in which the contract will be negotiated and continue prior to coming to the table and escalate during negotiations. In other words, organizing and mobilizing efforts should precede negotiations and not become a last resort which is used only when negotiations are not going well. Such rank and file support is vital to maximizing the results of bargaining. Record Keeping Best Practice Suggestion re files: Keep dual files on all grievance records: 1) filed by name of grievant to assist job stewards in representing the named member; 2) filed by contract article(s) to assist negotiators evaluate the collective bargaining agreement and to assist stewards in representing other bargaining unit members besides the initial grievant. If records are only filed by grievant s name, they will become effectively lost and are not useful as soon as the grievant s name is forgotten. Immediately after a new CSEA contract is in place, there begins a testing period that lasts for the life of the contract. The contract is meant to govern the day-to-day relationships between union/employer and between member/ employer. Continuously during this one to three year period between negotiations the weaknesses and strengths of the contract become evident. As problems arise (either as grievances or complaints) chapter officers and members will become aware of the need to add, modify or delete contract language. In many cases this cannot formally take place until the next set of negotiations, a few years hence. Taking into account the fallibility of memory and possible changes in leadership, both in the chapter and at the district, it should be apparent that a written record of grievances, complaints, and even questions will be helpful to future negotiating committees. This written record should be a major source from which to draw ideas for proposals to be made when the contract is next open for negotiations. If the method of record keeping is simple, orderly, systematic and easily referred to, it can serve as a blueprint for developing much of the next CSEA proposal. Good record keeping has the additional benefit of providing a system of discipline for the chapter officer or job steward handling grievances. It will help ensure that a full recording is made of settlements and decisions. These will be helpful in addressing similar issues which may arise during the term of the contract. A simple record keeping method is suggested in training module 105 Chapter Executive Board. 2 Contract Review Prior to soliciting input from members of the bargaining unit, the negotiating committee should review the current contract for possible deficiencies. Even if no problems have arisen in the past, the committee should look for potential problems and anticipate negative actions by the employer in the

9 future. One way to approach contract review is by applying a What if? test to each section of the agreement. For example: What if the district decides to contract out transportation or maintenance work? What if the district does not accept an advisory arbitration award? What if the district will not accept a grievance filed by the union on its own behalf or on behalf of a bargaining unit member? What if the district refuses to release a job steward to investigate or process a grievance? What if the district uses volunteer help or convict labor to replace or do the work of bargaining unit employees? Can they do it? Will we have to rely solely on past practice to claim that they can t? Is the past practice firmly established? Do we have records to prove it? Will we have to file an "unfair practice charge" or go to court to get a remedy? Did we unthinkingly waive our right to bargain regarding the issue? Can we win an unfair labor practice charge over the issue? It s obviously best to cover the issue in the collective bargaining agreement. And don t just look for deficiencies in the current contract language look for subjects that are left out. Use the Check List following this section of the module to ascertain if the contract covers all the desired subjects. If in doubt about any issue, the committee should list it as a potential contract proposal. The committee should not limit the length of the list at this point. There will be plenty of time for setting priorities and screening out the less important proposals. MEMBERSHIP INPUT Considering the democratic foundation of CSEA, it is important for the chapter to solicit contract proposals from the membership and even from service fee payers. The more we involve members in the process, the more they will be there to support CSEA and the chapter when their active support is needed. Connecting with service fee payers by asking for their input may help convince these non-joiners to convert to full membership. There are numerous methods for gaining membership input, and the relative success of each method will vary from chapter to chapter, and the input phase of developing contract proposals should begin several months prior to any deadline for submitting proposals to the employer. 3

10 The Survey This is the most traditional method of asking for contract proposal suggestions. It is required by Policy 610 for all initial proposals. (Policy The Survey Form usually contains either blank spaces for suggestions or a check box list of certain alternatives. For examples 1. Additional Holidays: 2. Additional Holidays: Employee s Birthday Floating Holiday The survey should be viewed as a tool to: 1) Get information about the members view of their contract; 2) serve as an early organizing tool to begin involving all rank and file members in the negotiations process; and 3) securing feedback from bargaining unit members about their view of the chapter, which information helps in planning the contract campaign. A sample survey is attached as Appendix. The usefulness of the survey will depend on the return of a sufficient number of responses to be representative of the Chapter membership. Every effort should be made to encourage bargaining unit members to complete and return the survey. Tracking and follow-up with those who do not complete and return surveys are essential to secure the high level of participation which is desired. For instance the surveys can be addressed to individual bargaining unit members, have a numeric code and/or a bar code where such technology is available to the Chapter: Using all three methods on a survey may prove beneficial since some members will remove their name which makes tracking based on names only impossible. You should let members know in advance that the survey will be coming out, and that the Chapter s goal is 100% participation in the survey; let them know that tracking is taking place to ensure everyone s voice is heard and that no one submits more than one survey. Follow-up calls and/or one-on-one visits should be made to those who do not respond. Keep working the membership list using the tracking results until at least a majority have responded. Job Stewards and Site Representatives These chapter officials should be considered a ready source of information regarding the problems at individual worksites, and should be familiar with the views of the unit members with whom they are in daily contact. The negotiating committee should either contact each steward and site representative individually or ask them to attend a meeting to discuss contract proposals. Before the meeting, stewards and site representatives should contact every classified employee at their site to get their suggestions for contract proposals. 4

11 Chapter Committees The negotiating committee should also meet with other active chapter committees to obtain their ideas. Members of chapter committees may have a special knowledge of contract deficiencies which fall within the scope of their committee s responsibilities. The legislative committee may be aware of pending or recent legislation that relates to subjects of bargaining. The membership committee may have ideas for contract provisions that will increase their effectiveness in converting service fee payers to full membership. Chapter Meetings Depending on the size of the chapter and the degree of attendance at chapter meetings, this forum may be an effective means of soliciting member input. The chapter executive board should place the subject of contract proposals on the published agenda which is distributed prior to the meeting. The negotiating committee chairperson should report on the progress of contract proposal development and ask for suggestions from the floor. If this is impractical, contract proposal survey forms should be distributed, to be completed and turned in prior to adjourning the meeting. Class, Site, Department and Unit Meetings If the members don t come to us with their contract proposal suggestions, perhaps we should go to them. Ask the chapter official responsible to call contract proposal meetings for unit members working in the same department, in the same classification or job family, and/or at individual work sites. The meetings should be scheduled at times convenient to the particular group of employees. Through these meetings the negotiating committee should be able to identify the concerns of these legitimate special interest groups. Bus driver may have bidding problems. The employees in the accounting department may have concerns about vacation scheduling. Custodians at one elementary school may have complaints about increased workloads. The problems should full discussed in an attempt to formulate possible solutions within the context of potential contract proposals. In situations where a chapter represents two or more units and negotiates a common contract, separate unit meetings should be held so that specific unit concerns are addressed in the final contract proposal. CSEA Field Staff Don t forget input from the assigned CSEA labor relations representative. He/she is familiar with the chapter s current contract and has probably been involved in it enforcement. The labor relations representative also has a special knowledge of the state of the art in negotiations, and is aware of recent PERB and court decisions that may impact employee rights and the bargaining process. 5

12 In addition, the negotiating committee should review informational bulletins prepared and distributed by CSEA field office, headquarters and governmental relation staff. Chapter presidents should route pertinent bulletins to the committee members, so they can be kept up to date on changes in the Education Code and other matters related to contract negotiations. ANALYZE AND PRIORITIZE At this point the negotiating committee should have a long list of potential contract proposals. Of course, the committee can not simply include all the suggestions in the final proposal. The committee will find that some suggestions are contradictory, others will already be adequately covered by the current contract, and still others will be unimportant, outlandish or beyond the scope of bargaining. The negotiating committee must meet to analyze and prioritize the suggestions with a view toward developing a realistic list of ideas to be converted into formal proposals with a chance of being negotiated into the contract. The assigned CSEA labor relations representative should be invited to attend this meeting as an expert consultant to the committee. All of the suggestions generated should be analyzed by the applying the following test: 1. Is the suggested proposal withing the scope of bargaining? (If not, can the basic problem behind the suggestion be addressed in a way that brings it within scope?) 2. Is the suggestions important to the unit members individually? 3. Is the suggestion important to CSEA and the chapter? ) That is, important to the members collectively?) A yes answer to the these questions indicates that the suggestion should be given some priority. Setting priorities is accomplished by applying what the committee has found out during the preparation and membership input stages of the process. If the negotiating committee has reviewed the contract and the record of grievances and problems, and has listened to the input of chapter members, the committee should be able to objectively answer the following questions: 1. How important is the suggested proposal to the unit members individually and/or collectively? 2. How important is the suggested proposal to the Association for all the people it represents? This process of analyzing and prioritizing is not complicated, and does not have to be as formal as the above outline may indicate. It is important, however, that all suggestions be considered objectively and that any decision to reject or accept a suggestion be based on defensible reasons. The committee should be prepared to explain the reasons for their decisions to the members. 6

13 Writing Contract Language Based upon all the preparation, input, analysis and prioritization, the negotiating committee should now write specific language for their contract proposals. A number of resources are available to the committee to assist in converting mere ideas to effective contract language. CSEA Staff Once again, the assigned CSEA labor relations representative should be consulted. He/she is proficient in how collective bargaining agreements are constructed and should be able to help the committee avoid contract language that may be subject to misinterpretation and contract provisions that may be in violation of CSEA policy or the law. Even if successfully negotiated with the employer, ineffective or unenforceable contract provisions are not only a waste of time and effort, they may also result in members losing faith in CSEA and its chapter leaders. Drafting Contract Language A CSEA Resource Guide This resource guide, available from CSEA field offices, explains a comprehensive system for developing and writing effective and enforceable contract language, using an outcome based methodology. The publication also provides a base of knowledge for drafting contract provisions that meet the needs of bargaining unit employees without running afoul of any law, regulation, legal decision, or CSEA policy. The outcome based method avoids some pitfalls of borrowing contract language from other CSEA contracts. For example, a comprehensive and complicated school bus run bidding procedure might be necessary in a large school district with a large number of drivers and bus runs, and it may be attainable because the district shares the chapter s feeling that there is a problem and an available solution. In a smaller district, however, the borrowed language may not be attainable because: 1. It may be a solution without a problem 2. District negotiators will never agree to an irrelevant solution. The outcome based method described in the resource guide uses a three step process: 1. You decide what you need, what you want and why 2. Using the material presented in the resource guide, you decide whether what you need or want is advisable and/or legal 3. Applying the advice provided, you write a proposal for contract language that meets these requirements. The resource guide does not provide sample or model contract language. Instead, it provides a framework for developing effective and enforceable contract language, and provides references to legislation, PERB decisions and court opinions relevant to the bargaining subjects covered. This system can work in any negotiating environment whether traditional or interest-based. 7

14 Reviewing Employer Policies, Rules and Regulations As the saying goes, If it isn t broken, don t fix it. In many cases the chapter s proposal is no more than an attempt to include current rules into the contract so they will be subject to the contractual grievance procedure. If so, and if the policy or rule is clear and covers what the member want, there may be no reason to tamper with its wording when it is moved to the contract. Minor changes to gain improvement can usually be made, while still leaving most of the familiar language intact. This method of developing contract language makes it clear to the employer that the union is simply building upon rights the employees already enjoy. Reviewing the California Education Code Much of what CSEA chapters propose in school district collective bargaining agreement grows out of Education Code protections for which CSEA successfully lobbied in the past. There may be nothing wrong with, once again, borrowing the language with which both CSEA and the employer have become familiar. There may be a need to change an occasional may to shall or to clarify certain provisions, but generally the words can be transferred from the law to the CSEA contract. Chapters should be aware that in some instances (i.e., layoffs and reductions in hours), incorporation of Education Code language may create a waiver of Government Code (EERA) bargaining rights, unless those two distinct bodies of law are properly reconciled. Chapters should consult with their assigned LRR before proposing Education Code language as new contract language. APPROVAL OF INITIAL PROPOSALS Article XII, Section I of the State Association s Bylaws require that contract proposals shall be determined by a vote of the chapter prior to submitting the proposals to the employer. Proposals should be presented to the members at a chapter or unit meeting, as appropriate, in accordance with CSEA Policy 610 which reads in relevant part as follows: 610 COLLECTIVE BARGAINING B-XII. Revised November Purpose. Every chapter of this Association shall, when designated the exclusive representative of a bargaining unit, negotiate a contract covering wages, hours and other terms and conditions of employment with the employer. The purpose of this policy is to ensure that negotiated collective bargaining agreements and subsequent modifications, as described in Sections.8 and.9 of this policy, are properly approved by the chapter s membership and the Association. 8

15 .01 Petitions for Recognition. Any petition submitted by a chapter of this Association seeking exclusive recognition (including a petition seeking decertification of another organization) under the laws of this state and rules of the Public Employment Relations Board (PERB) shall seek recognition for The California School Employees Association and its (name) Chapter (number)..2 Failure to Adhere to Policy. Should chapter officers fail to adhere to this policy, it shall be grounds for their expulsion from membership or removal from office under Article II, Section 7 of the Association Constitution upon charges being brought and sustained by the Board of Directors that they have intentionally and knowingly violated the provisions of Policy Initial Proposals.01 Each chapter, when negotiating a full contract, shall survey its membership for recommendations of its initial bargaining proposal..02 Each chapter shall ensure that initial bargaining proposals are determined by a vote of the membership. Initial proposals shall meet the requirements of the Public Employment Relations Board and shall include sufficient information concerning subjects to be discussed during negotiations. If there is more than one bargaining unit in a chapter, the chapter leadership shall ensure that the initial bargaining proposals are determined by a vote of the membership of each appropriate unit..03 Each chapter will forward a copy of its initial bargaining proposal to the Field Director and Labor Relations Representative before it is presented to the membership for approval. When it is available, a copy of the employer s initial proposal will also be provided to the Field Director and Labor Relations Representative. As soon as it is practical, the Field Director shall review the initial proposals and advise the chapter of any concerns as well as identify resources that may be helpful to the chapter in negotiations..4 Prior to a chapter beginning the negotiations process, the Labor Relations Representative will review the procedures for ratification, as described in this Policy, with the Chapter leadership..5 The employer shall be notified of CSEA s negotiations and ratification process and procedures at the outset of negotiations. 9

16 .6 Merged Bargaining. Merged bargaining with pooled voting is an alternative form of negotiation and ratification for chapters with more than one bargaining unit. The provisions for merged bargaining and pooled voting are detailed in Section.11 of this policy..7 Bargaining If the Association becomes aware of a bargaining issue during the chapter s negotiations process that could be detrimental to the chapter and/or its members, the Field Director may call a meeting with the chapter s Executive Board and negotiating team/committee to discuss the issue and possible solutions..8 Collective Bargaining Agreements.01 Every collective bargaining agreement and subsequent modifications (including memorandums of understanding, side letters, etc.) shall be executed by both the Association and its chapter, except as herein provided..02 No chapter shall enter into a collective bargaining agreement, approve any subsequent modification thereof (including memorandums of understanding, side letters, etc.), or take a formal ratification vote, until it has been reviewed by the Labor Relations Representative and the Field Director (via Policy 610 Contract Review Form No. 3036). (a) For purposes of this Policy, the following shall not be considered collective bargaining agreements or subsequent modifications subject to a ratification vote: (1) Settlements resulting from unfair practice charges, grievance procedures, PERB proceedings or Administrative determination unless they would have a generalized effect on the bargaining unit(s) as determined by the Field Director. (2) Individual reclassifications or creation of new positions, unless: (1) they would have a generalized effect on the bargaining unit(s) as determined by the Field Director; or (2) they are submitted as part of an initial bargaining proposal or a contract re-opener proposal. (b) An Appalachian-Shale agreement with the district, setting the new term of the agreement, can be signed by the Chapter President with the approval of the chapter s Executive Board. 10 Any re-opener modification to the agreement shall follow the regular ratification procedures, as described herein.

17 .9 Ratification Procedures.01 When the chapter, any chapter officer or chapter negotiating committee (by whatever name) has negotiated a collective bargaining agreement or modifications (including memorandums of understanding, side letters, etc.) to an existing contract, it shall, prior to submitting the tentative agreement to the bargaining unit members for ratification or rejection, submit one copy to the Labor Relations Representative assigned to the chapter..02 Upon receipt of the Tentative Agreement, the Labor Relations Representative shall provide a copy of the Agreement to the Field Director. (a) Collective bargaining agreements and subsequent modifications (including memorandums of understanding, side letters, etc.) must be reviewed by the Labor Relations Representative and the Field Director (via Policy 610 Contract Review Form No. 3036) before a chapter takes a formal ratification vote..03 The Field Director shall forward to the Chapter President, without delay, a review that determines whether the Agreement is in compliance with applicable laws, CSEA s Constitution and Bylaws, and/ or policies of the Association. If the review recommends disapproval, the Field Director shall include the specific reasons as to why such a recommendation is being made. In cases where a verbal review is necessary, the Field Director shall immediately follow up such verbal review in writing to the Chapter President. The review letter shall be provided in writing to the Chapter President prior to the ratification meeting..04 After receipt of the aforementioned written review from the Field Director, the Chapter President, in accordance with Article XII, Section 3 of the Association Bylaws, shall call a meeting of all members of the bargaining unit(s) at which the leadership shall outline all the provisions of the Tentative Agreement and provide an opportunity for discussion, debate, answering of questions, and voting. (a) Such meetings shall be open to attendance by all members of the bargaining unit(s), whether or not they are CSEA members. Non-members in attendance shall be granted the right to participate in the discussions and debate. They shall not, however, have the right to make motions or vote. 11

18 (b) If the Association is recommending rejection of the proposed contract or amendments thereto, an Association representative shall be in attendance at the ratification meeting and shall be provided ample opportunity to outline the rejection and reasons therefore..05 The meeting notice shall be issued to all bargaining unit members no later than five (5) working days before the scheduled meeting.* The chapter executive board shall determine the most efficient means of distributing the notice, which may be to individual bargaining unit members utilizing the district mail system, distribution by site representatives or others, or by posting in prominent location(s) at each work site. * The Executive Director, or designee, may approve a notice period of less than five (5) working days, upon request of the chapter executive board..06 In addition to the meeting notice, the chapter shall provide each CSEA member of the bargaining unit(s): (1) a copy of the Tentative Agreement, or a summary of the Tentative Agreement; and (2) a statement as to whether or not the Negotiating Committee recommends ratification or rejection of the Agreement, and the Association s recommendation if for rejection. (a) The Negotiating Committee shall not recommend rejection of a Tentative Agreement reached under good faith bargaining, unless appropriate in reference to an employer s last, best, final offer..10 Ratification Vote The ratification vote shall be by secret ballot conducted in accordance with procedures as specified in the chapter s Constitution as approved by the Association:.01 Voting by CSEA members in good standing of the appropriate bargaining unit(s) present at a ratification meeting conducted in accordance with Section.9, above. (a) (b) The meeting notice shall include appropriate information and notification that the secret ballot vote on ratification will be conducted at the meeting, and shall contain the times allotted for discussion/debate, and the times during which voting will take place. Polls for voting shall not be opened until the period for discussion/debate has begun. 12

19 (c) At least two Tellers shall be appointed to conduct the balloting. Tellers shall verify CSEA membership in good standing and members shall sign or initial for receipt of the ballot next to their name on the membership list. Ballots shall be deposited in a closed ballot box. Bargaining unit members who are not members of CSEA shall not be permitted to vote. (d) Absentee or proxy votes shall not be permitted. (e) Ballots shall be tallied and results announced prior to close of the meeting..02 Voting by mail ballot. (a) Ballots and return addressed envelopes, together with instructions for completion and return to a designated chapter officer (election official), shall be distributed to all CSEA members in good standing of the appropriate bargaining unit(s). (b) (c) (d) Ballots shall be mailed via First Class, U.S. Postal Service, to the member s home address, at least ten (10) days in advance of the date set for receipt of the completed ballot by the designated official. A double envelope system for return shall be used, providing a space for signature, CSEA member number, and other identification of the voter on the outside of the return addressed envelope to verify voter eligibility. At least two Tellers shall be appointed to oversee the election process and conduct the vote tally. (e) Any and all costs of mail balloting shall be the sole responsibility of the chapter..03 Voting by site ballot. (a) The location(s) and number of voting sites and the date and times for conducting the balloting shall be determined by the executive board. (b) At least two Tellers shall be appointed to conduct the balloting at each voting site. Listings of members in good standing eligible to vote at each of the designated voting sites shall be provided to the Tellers. 13

20 (c) Members shall be notified at least five (5) working days in advance of the date, time(s) and location where the balloting will be conducted for their designated site. Notice may be by any of the means listed in Section.9.05 of this policy. The Executive Director, or designee, may approve a notice period of less than five (5) workings days upon request of the executive board. (d) (e) Tellers shall verify CSEA membership in good standing and the members shall sign for receipt of the ballot next to their name on the voter list. Ballots shall be deposited in a closed ballot box. Members shall be required to cast their ballots at their designated voting site only. (f) Voters whose names are not on the site list shall be permitted to cast a challenged ballot, which shall be placed in an appropriately identified envelope, sealed and set aside until all other votes have been tallied. If the number of challenged ballots could affect the outcome of the vote, voter eligibility shall be determined and valid ballots then counted. Ballots shall be counted and verified separately for each voting site, prior to combining the count for the final tally..11 Chapters With More Than One Bargaining Unit..01 Merged Bargaining. Merged bargaining with pooled voting is an alternative form of negotiation and ratification for chapters with more than one bargaining unit. (a) (b) Prior to submission of the initial proposals to the employer, each bargaining unit shall separately determine whether negotiations for the units should be merged, including a pooled ratification vote, or whether negotiations will be considered separate for each unit and thereby subject to separate, independent ratification votes by each unit. The employer shall be notified of the agreedupon ground rules for ratification at the outset of negotiations. 14

21 (c) No bargaining unit can be included in merged negotiations without its consent. Once consent is given, no unit can withdraw from merged negotiations for that contract without the consent of all parties including, if initial proposals have been submitted to the employer, the consent of the employer..02 Collective Bargaining Agreement. Each unit shall vote separately on ratification of the collective bargaining agreement and subsequent modifications, unless merged bargaining with pooled voting has been agreed to in accordance with Section.2.05 of this policy..03 Ratification Vote. Separate colored ballots shall be used for each unit and each unit s vote tallied separately UNLESS the members of each unit agreed to pooled voting..12 Violations of Ratification Policies and Procedures.01 If the Field Director determines that a ratification procedure violated policies and procedures of the Association assuring fair representation, s/he may order that the results of the ratification vote be set aside and a new ratification vote be conducted..02 A chapter may appeal the Field Director s decision to set the results of the ratification vote aside. Such appeal shall be in writing, addressed to the Association President with a copy to the Executive Director, postmarked within ten (10) days of the date of the notice from the Field Director, and shall stipulate the reasons why the chapter believes the results of the original ratification vote should stand. Within five (5) working days, the appeal will be considered by the Association President or his/ her designee, the concerned Area Director, and the Executive Director or his/her designee, with the decision referred to the CSEA Board of Directors for ratification at its next meeting. (If the Area Director is a member of the appealing chapter, the Association President may appoint another Board member to consider the appeal.) Immediately following action on the appeal, the Executive Director shall cause the Field Director, Labor Relations Representative, Regional Representative and Chapter President to be orally notified of the approval or denial of the appeal, and shall issue a follow-up written notification to all concerned. 15

22 .13 Contract Execution. If ratification is properly approved over the objection of the Association representative, the Association shall execute the contract or amendments thereto together with authorized chapter personnel, unless one or both of the following exist:.01 The contract or proposed amendments contain provisions which are unlawful..02 The contract or proposed amendments are in violation of CSEA s Constitution & Bylaws, Policies, or procedures of the Association assuring fair representation. (a) (b) If the Field Director determines that a collective bargaining agreement or a subsequent modification violates law and/ or CSEA s Constitution & Bylaws, Policies, or procedures of the Association assuring fair representation, s/he may prohibit the collective bargaining agreement or the subsequent modification from taking effect and/or considered for ratification, including informing the employer that the specific collective bargaining agreement or subsequent modification is not legal and/or violates CSEA s Constitution & Bylaws, Policies, or procedures of the Association assuring fair representation. A chapter may appeal the Field Director s decision to prohibit the collective bargaining agreement or the subsequent modification from taking effect and/or considered for ratification. Such appeal shall be in writing, addressed to the Association President with a copy to the Executive Director, postmarked within ten (10) days of the date of the notice from the Field Director, and shall stipulate the reasons why the chapter believes the results of the original ratification vote should stand. Within five (5) working days, the appeal will be considered by the Association President or his/her designee, the concerned Area Director, and the Executive Director or his/ her designee, with the decision referred to the CSEA Board of Directors for ratification at its next meeting. (If the Area Director is a member of the appealing chapter, the Association President may appoint another Board member to consider the appeal.) 16

23 Immediately following action on the appeal, the Executive Director shall cause the Field Director, Labor Relations Representative, Regional Representative and Chapter President to be orally notified of the approval or denial of the appeal, and shall issue a follow-up written notification to all concerned..03 The chapter shall, immediately upon the contract or amendments thereto ratified by both itself and the Employer, provide the Labor Relations Representative assigned to service the chapter with three (3) signed copies of the Agreement. The negotiating committee should first explain the changes proposed and the reasons for the changes as developed by the committee. Next, open the meeting for questions. The committee must be prepared to explain why certain suggestions were not included in the proposals that are now before the membership. It should be established whether the vote is to be for acceptance of the entire proposed package, or if the members will vote article by article. Members may wish to amend language or submit new proposals, and it is their right to do so subject only to a majority vote of those in attendance. After the vote to adopt the proposals, they are no longer proposals of the negotiating committee. They now belong to the chapter and it is the chapter s proposal that is submitted to the employer. It is the duty of the negotiating committee to make clear to the membership that these are proposals and, as such, they are not set in concrete. They must be negotiated in good faith bargaining at the bargaining table. The committee should emphasize that the bargaining unit members will be kept up to date regarding the progress of negotiations and of any tentative agreements reached, and that they will be asked for further direction as necessary. THE FORMAL PROPOSAL The Traditional Approach Traditionally, the formal proposal submitted to the employer presents a total, comprehensive picture of what the contract would look like if adopted by both sides, including schedules and appendices, and any agreements modifying or adding to the contract, whether called sideletters, MOU s, etc. Agreements modifying or adding to the contract should be integrated into either the language of the contract or attached as appendices. The language should be placed in the form of articles, sections and sub-sections. It should not be necessary to retype the entire contract with the proposed language included. The proposal can contain only the new and changed language, unless the old language is needed for clarity. 17

24 Many articles and sections will be repeated without change in the new contract, and should be so noted in your proposal. For example, failure to note Article III No Change may be interpreted by the employer to mean that the proposal is to delete Article III. Care should be taken to include the proposed effective dates of the contract and to make changes on all schedules and appendices that are part of the proposal. If new appendices are added, reference should be made to them in the appropriate article in the body of the contract. Letters of agreement and letters of interpretation executed during the term of the present contract should be included in the proposal if appropriate. An Alternative to the Traditional Approach Many chapters are now submitting contract proposals couched in more general terms than the traditional article by article, and line by line format described above. This approach is perfectly acceptable and may even be preferable from both a labor relations and public relations standpoint. It must satisfy the minimum public notice requirements established by PERB, by giving the public a clear idea of what the union is seeking in negotiations. A few examples are: 1. Instead of submitting a proposal that calls for a 16% increase to all steps and ranges of the salary schedule, and including the proposed schedule as modified, the proposal could read, provide salary increases consistent with increases in the cost of living, productivity, labor market standards, and with the district s ability to pay. 2. As an alternative to providing all the details of a complicated bus run bidding procedure for school bus drivers, the proposal could simply be to establish a comprehensive bidding process for bus runs, taking into account bus driver seniority and qualifications, as well as equipment availability. 3. Rather than proposing that each bargaining unit employee will be granted his/her birthday as a paid holiday, the chapter could propose add one paid holiday to the schedule, placement of which being subject to the negotiating process. In each of these cases the chapter is clearly stating what they want and need, but is clearly avoiding detailed positions that may prove to be operationally unworkable or financially impossible. The salary proposal avoids the split the difference and/or asking for twice as much as expected analysis sure to be made by administrators, school boards, the public, and even CSEA members. It also prevents the media from exploiting the inflated and unreasonable demands of the union in editorials and commentary on the progress of negotiations. 18

25 The proposals regarding the bidding of bus runs and an additional holiday also leave more room for negotiating workable contract language to meet real problems and legitimate needs of the bargaining unit employees represented by the union. The general proposals clearly state the interests of the chapter and its members in gaining additional benefits, but they are not presented as firm positions the union may choose to defend at all costs. Writing proposals in this manner invites the district to address the problem rather than the demand, and avoids the dynamic of creating unrealistic expectations among some members. ( You said we were going to get 16%, but you settled for 10%. So we lost 6%! ) The negotiating committee should still develop detailed contract language addressing the subjects proposed. During negotiations, after fully discussing the initial proposals and the problems from which they evolved, a proposal with specific contract language can be submitted. It may be what you already developed, or it may have to be modified to address concerns raised by the employer at the bargaining table. 19

26 CHECK LIST FOR CONTRACT REVIEW A No answer to any of the following questions indicates the chapter should consider addressing the subject in the next proposal submitted to the employer. Even though some of these items cover rights guaranteed under law, it is best to include the protections in the collective bargaining agreement. This list describes some basic provisions that should probably be included in all CSEA contracts, but it is not meant as a substitute for contract proposals generated at the local chapter level. Does the contract: 1. Acknowledge CSEA and its chapter as the exclusive bargaining representative of the employees in all employment relations matters? 2. Provide for dues checkoff (dues deduction)? (EC 45168) 3. Allow employee access to personnel files? (EC 44031) 4. Limit the use of items placed in personnel files? (EC 44031) 5. Allow rebuttal to material place in personnel files? (EC 44031) 6. Ensure the grievability of non-factual material place in employee s personnel files? 7. Permit CSEA access to personnel files with employee s consent? 8. Allow CSEA use of bulletin boards, district facilities (without charge)? 9. Grant CSEA access to work sites? 10. Require that the CSEA chapter and Labor Relations Representative be notified in writing of any district action affecting the wages, hours and working conditions of bargaining unit employees? 11. Ensure that CSEA can receive district material relevant to contract negotiations or contract administration? 12. Provide for the periodic update and distribution (or posting) of seniority lists and provide copies to CSEA? 13. Provide for paid release time for chapter officers, delegates, job stewards, site representatives, State Association officers and Trainer s Bureau members on official CSEA business? 14. Prohibit negotiations with advisory councils, district committees and organizations other than CSEA? 15. Provide for the printing and distribution of the contract at district expense? Yes No 20

27 Checklist (con t) Yes No 16. Provide paid release time for CSEA selected job stewards when involved in activities related to the administration of the agreement? 17. Grant a reasonable period of time for employees to respond to formal performance evaluations? 18. Provide appeal rights, with CSEA representation, for sub-standard performance evaluations? 19. Limit the use of performance evaluations to non-disciplinary corrective action? 20. Provide for a standard workweek and workday? (EC 45127, 45128, 45132) 21. Prohibit the employer from reducing employee hours of work (including work year) for the term of the contract? 22. Prohibit the district s ability to adjust hours of work without agreement with CSEA? 23. Limit the district s ability to temporarily increase hours without opening the increased hour position for transfer and/or promotion? 24. Provide for duty-free lunch periods and rest breaks? 25. Provide time off for voting? 26. Provide procedures for the equitable assignment of overtime or extra time work? 27. Ensure overtime payment and compensatory time off is consistent with the provisions of the Fair Labor Standards Act (FLSA) and the Education Code? 28. Provide overtime payment for all overtime suffered or permitted by the employer? 29. Provide for the computation of regular and overtime hourly rates of pay on the basis of regular hours of work per month (or less)? 30. Provide that volunteer work by bargaining unit employees shall be considered paid time at the appropriate rate (either straight time or overtime)? (FLSA) 31. Provide overtime pay for work over 8 hours in a day or 40 hours in a week and on the 6th & 7th day following commencement of the workweek, and on holidays? 32. Provide for shift differential and split shift differential? (EC 45182) 21