Communications Strategies During Negotiations (In Good Times and Bad) ACSA Negotiators Planning Retreat June 24, 2015.

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1 Communications Strategies During Negotiations (In Good Times and Bad) ACSA Negotiators Planning Retreat June 24, 2015 Presented by: Jonathan A. Pearl, Attorney Dannis Woliver Kelley Candace M. Bandoian, Attorney Dannis Woliver Kelley

2 Communications Strategies During Negotiations (In Good Times and Bad) Jonathan A. Pearl, Attorney Candace M. Bandoian, Attorney Dannis Woliver Kelley June 24, 2015 ACSA Negotiators Planning Retreat This training is provided for educational, compliance and loss-prevention purposes only and, absent the express, prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or circumstances. Contact a DWK attorney for answers to specific questions. Communication During Negotiations The Board and its designated negotiations teams may communicate about negotiations issues, progress, or lack thereof, in written communications to employees at school, via newsletters, mail, and/or electronically on the District s website Communications must be factual/accurate, nonthreatening, and may not be used to interfere with protected rights or to bypass the exclusive representative in order to deal directly with employees Why don t district teams communicate more? 2 1

3 Communications During Negotiations Predetermine Your Communications Plan Discuss Plan thoroughly with Board and leadership A News after every session? Fact sheets every week? How to best use the bully pulpit Who is your desired audience? Do not bargain directly with unit members (don t bypass the union). Social Media options? Face to face meetings too? 3 Communications During Negotiations Ask The Three Questions 1. What is our message? 2. Who is our audience? 3. Why send it now? 4 2

4 Communications During Negotiations The Answers The answer to each should come immediately; if not, seriously consider NOT sending out the communication. 5 Communications During Negotiations Different Vehicles of and Purposes for Communication Negotiations News/Updates Alert/Bulletin Did You Know? Just the Facts Dear Colleagues letter 6 3

5 Communications During Negotiations What About Social Media? Social Media District s Website Snail Mail 7 Communications During Negotiations How to Evaluate Content Establish your themes early. Lay out a logical sequence for sharing information. Never resort to hyperbole just the facts. Talk more about your interests, positions and beliefs. The Down the Hall test ( KISS ). 8 4

6 Communications During Negotiations How to Evaluate Content (cont.) Use short (1 or 2 sentences) paragraphs. Use headlines and subheadings liberally. A Fact Sheet should be one page maximum, preferably one side only. A News should be one sheet maximum, two sides of text. Humor, if you can. 9 Communications During Negotiations Preparation of Communications Process pre- Be quick, be consistent. Don t committee it to death. Get prior authorization and support from elected entity and leadership to distribute without their approval (careful). 10 5

7 Board Member Communications, Issue and Concerns Board meeting issues Brown Act issues Impact of EERA exemption Individual board member communications regarding negotiations Is board member acting as agent of the District? Actual authority Apparent or ostensible authority 11 Board Member Communications, Issue and Concerns Bypassing the union Communicating directly with employees to undermine union s authority to represent employees Direct bargaining with employees Disparagement campaign to drive wedge between union representatives and unit members Interference with protected rights 12 6

8 Thank you! Jonathan A. Pearl Dannis Woliver Kelley 750 B Street, Suite 2310 San Diego, CA Tel jpearl@dwkesq.com Candace M. Bandoian Dannis Woliver Kelley 115 Pine Avenue, Suite 500 Long Beach, CA Tel cbandoian@dwkesq.com 13 7

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15 About Our Firm For more than 35 years, Dannis Woliver Kelley (DWK) has provided trusted counsel and forward-thinking legal solutions to school and community college districts, county offices of education, and other educational entities throughout California in all areas of education law. We are a diverse, women-owned law firm with offices located in: San Francisco, Long Beach, San Diego, Novato and Chico. DWK is at the forefront on legal issues our clients face. Most importantly, we know how to work with our clients to resolve these issues. We build long-standing partnerships with our clients by acting as more than just lawyers we are strategic advisors that are dedicated to helping future generations enjoy the right to public education. Our range of experience and the communication between our practice groups provide an unmatched resource. Since we have hundreds of clients throughout the state, we are aware of trends that impact your interests. We recognize issues that others may fail to spot, and work in close collaboration with clients to devise practical strategies for resolution. We were one of the first law firms in California to dedicate its practice exclusively to education law. We advise boards and district leadership with passionate conviction and insight. We find our work enormously rewarding. For more than 35 years, we have stood shoulder-to-shoulder with our clients working together for the betterment of California s educational system. DWK offers high-quality, effective, and prompt legal services in all areas of education law. Our practice groups are comprised of experienced attorneys who possess thorough knowledge of the issues and challenges facing our clients in the following areas:» Labor, Employment and Personnel (LEAP)» Board Ethics, Transparency and Accountability (BETA)» Business, Property and Finance» Construction» Charter Schools» Student Issues and Special Education» Litigation» Community Colleges/Higher Education Our team approach to client service means that while specific attorneys represent a client, several others will remain informed of the client s issues so that they may assist if needed. We pride ourselves on the in-depth experience within the firm and on the promptness with which we respond to a client s inquiry. We regard ourselves as members of our client s team. Our objective is to work with our clients to help them carry out their goals and mission!

16 Jonathan A. Pearl Shareholder San Diego Tel: Fax: Jonathan A. Pearl counsels and represents public school and community college district clients in employment matters related to best practices for hiring, remediation, progressive discipline, harassment/discrimination prevention, accommodation issues, technology-in-the-workplace concerns and board policy/procedure development. He is a well-known trainer on sexual harassment prevention, documentation, employee remediation and discipline. Jon also serves education clients in all aspects of labor relations including certificated and classified labor contract negotiations and contract administration. He represents clients in arbitrations and PERB proceedings and has trained governing boards, district bargaining teams and union bargaining teams on negotiations techniques including Interest Based Bargaining. Jon is also a member of the firm's Students and Special Education Group, and represents school districts in student matters involving discipline, constitutional issues, pupil records, residency and technology issues. He is a frequent presenter at Dannis Woliver Kelley seminars, including the firm's Education, Labor and Employment Law (Ed Lab) Series, and state and regional CSBA, CASBO and ACSA conferences on topics including "Principled Ethical Negotiations," "Collective Bargaining 101," "New Negotiations for the New Decade," "Bargaining Benefits," "HR Adventures in Cyberspace," "Students' Constitutional Rights in Cyberspace," and "Student Discipline Hearings, How Much Due Process is Due." Having worked closely with governing boards, superintendents and administrators, Jon believes that ongoing and interactive training greatly enhances educators' abilities to effectively address the dynamic legal issues that impact schools each day. Before joining Dannis Woliver Kelley in 2001, Jon practiced education, labor and employment law for public and private sector clients in Chicago. Education University of Wisconsin-Madison (B.A.) Chicago Kent College of Law (J.D.) Practice Areas Labor, Employment and Personnel Students and Special Education Governing Boards Community Colleges/Higher Education Independent Schools and Nonprofit Corporations Board Ethics, Transparency and Accountability (BETA) Admissions State Bar of California Illinois State Bar. All rights reserved.

17 Candace M. Bandoian Shareholder Long Beach Tel: Fax: Candace M. Bandoian is a Shareholder in the Long Beach office and is the Chairperson of the Labor, Employment, and Personnel (LEAP) practice group. For more than ten years, she has worked with K-12 and community college districts in labor and personnel matters including hiring, discipline, negotiations, and contract administration. Ms. Bandoian regularly appears before state and federal agencies such as the Public Employment Relations Board, Department of Fair Employment and Housing, Equal Employment Opportunity Commission, and the Office of Administrative Hearings. She also represents school districts at arbitrations and disciplinary hearings. Ms. Bandoian conducts trainings in the areas of sexual harassment prevention, evaluation and documentation of school district employees, labor relations, and disability and family care and medical leave laws. She co-chairs DWK s Southern California Ed Labs, and regularly presents at ACSA s Negotiators Symposium and Personnel Institute, and the Association of Chief Human Resource Officers/Equal Employment Opportunity Officers. Ms. Bandoian graduated from University of San Francisco School of Law (J.D.) and from University of California, San Diego (B.A.). Education University of California, San Diego (B.A.) University of San Francisco School of Law (J.D.) Practice Areas Independent Schools and Nonprofit Corporations Community Colleges/Higher Education Governing Boards Labor, Employment and Personnel, Practice Area Leader Board Ethics, Transparency and Accountability (BETA) Admission State Bar of California Memberships & Associations Los Angeles County Bar Association Media/Publications Equity and Human Resources: Recognizing, Respecting and Protecting the Diverse Workforce "Implementation of the No Child Left Behind Act: Employment and Hiring Practices, School Law Review, 2003". All rights reserved.