SECTION H: NEGOTIATIONS

Transcription

1 SECTION H: NEGOTIATIONS Section H provides a repository for statements pertaining to the process of negotiating with staff units recognized by the Fairport Harbor Board of Education. A policy may not exist for each item listed for this section. Consult collective bargaining agreements with the Board for additional information. HA HAA HB HC HD HE HF HG HH HI HJ HJA HK HL HM HN HO HP Negotiations Negotiations Goals Negotiations Legal Status Scope of Negotiations Board Negotiating Powers and Duties Board Negotiating Agents Superintendent's Role in Negotiations Employee Organizations Privileges of Staff Negotiating Organizations Payment of Negotiations Costs Negotiations Procedures Negotiations Deadlines for the Board Release of Negotiations Information Preliminary Negotiated Agreement Disposition Procedures Following Ratification Impasse Procedures Work Stoppage Negotiated Amendments and Renegotiations Procedures 1

2 HA NEGOTIATIONS The Fairport Harbor Board of Education is governed by Ohio law regarding collective bargaining with its certified employee bargaining units for the purpose of entering into binding contracts. The scope of bargaining includes matters pertaining to wages, hours or terms and other conditions of employment and the continuation, modification or deletion of an existing provision of a collective bargaining agreement. The Board will negotiate in good faith with the district's certified bargaining units, and will endeavor to reach agreement on items properly within the scope of bargaining. LEGAL REF.: ORC Chapter

3 HAA NEGOTIATIONS GOALS It is the belief of the Fairport Harbor Board of Education that negotiations with employees can serve to 1. Provide employees a guaranteed avenue of access to the Board's decision-making process when agreement is not attained through less formal means. 2. Guarantee employees that they will receive a thorough study of their proposals. 3. Provide an orderly means for discussion and for resolving disputes. These concepts will be the basis for all negotiations in the district. 3

4 HD BOARD NEGOTIATING POWERS AND DUTIES The Fairport Harbor Board of Education is recognized as the sole employer of the district and shall maintain all management rights as defined by law except as specifically provided in the negotiation agreement(s). The Board will be a party to the labor contract(s) or agreement(s) entered into with the certified employee organization(s). The Board has a duty to choose a negotiating team to meet with the representatives to collectively bargain in accordance with law. The Board has the responsibility of reviewing any tentative agreement reached in bargaining with the employee organization and approving or disapproving such agreements. 4

5 HE BOARD NEGOTIATING AGENTS The Fairport Harbor Board of Education is ultimately responsible for negotiating with the certified employee organization(s). Prior to the commencement of any negotiations, the Board will decide whether to appoint a professional negotiator or to appoint representatives from within the school district to serve as the Board's negotiating team(s). The Board shall appoint to the bargaining team those who will best serve the district's interest and meet the qualifications mandated by law. Negotiations will be conducted only as directed by the Board. Appointment of a Professional Negotiator The negotiator's fees or salary will be established at the time of appointment. The duties of the negotiator are 1. To negotiate in good faith with the recognized bargaining unit(s) to attempt to arrive at a mutually satisfactory agreement on issues which are properly within the scope of bargaining and a. With the Board's bargaining team, direct accumulation of necessary data and information which may be needed for negotiations; b. Follow guidelines of the Board as to acceptable agreements and report on the progress of negotiations; and c. Make recommendations to the Board as to acceptable agreements. 2. To interpret the signed negotiated contract(s) to Board members and administrators. 3. To plan, organize, direct, and represent the district in fact-finding, arbitration, and any other hearings involving negotiated contracts or grievances. 4. Upon request, serve as the official designee of the Superintendent when the grievance procedure reaches that level. LEGAL REF.: ORC (A)(B) 5

6 HF SUPERINTENDENT'S ROLE IN NEGOTIATIONS To the extent determined by the Fairport Harbor Board of Education and permissible by law the Superintendent should be closely involved in planning, preparation and participation in the bargaining process. The direct nature of involvement by the Superintendent at the bargaining table shall be determined by the Board in close communication with the Superintendent. LEGAL REF.: ORC CROSS REF.: CBA, "Qualifications and Duties of Superintendent" 6

7 HG EMPLOYEE ORGANIZATIONS The employee organization(s) certified as the exclusive bargaining representative(s) of the employee group(s) by the State Employment Relations Board (SERB) shall be in accordance with state law. LEGAL REFS.: ORC ; ;

8 HH PRIVILEGES OF STAFF NEGOTIATING ORGANIZATIONS Except as may be expressly limited by negotiated agreement(s) the Fairport Harbor Board of Education recognizes that public employees generally have rights to 1. Form, join, assist, participate in, or refrain from forming, joining, assisting, or participating in any employee organization of their own choosing; 2. Be represented by an employee organization; 3. Bargain collectively with their public employers to determine wages, hours, terms, and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement, and enter into collective bargaining agreements; 4. Present grievances and have them adjusted, without the intervention of the bargaining representative, as long as the bargaining representatives have the opportunity to be present at the adjustment. LEGAL REFS.: ORC ;

9 HI PAYMENT OF NEGOTIATIONS COSTS The Fairport Harbor Board of Education shall appropriate funds to provide representation for the school district in the collective bargaining process. The costs of negotiations will vary depending upon the Board's use of professional negotiators and the involvement of school administrators and experienced staff. LEGAL REF.: ORC

10 HJ NEGOTIATIONS PROCEDURES The negotiations procedure may be jointly developed by the Fairport Harbor Board of Education and the certified employee organization(s) in accordance with Ohio law. In absence of a mutually agreed upon dispute resolution process, the negotiations procedure provided by state statute shall prevail. LEGAL REFS.: ORC ; CROSS REF.: HN, "Impasse Procedures" 10

11 HJA NEGOTIATIONS DEADLINES FOR THE BOARD The Fairport Harbor Board of Education and the certified employee organization(s) shall bargain under a mutually agreed upon negotiations procedure, which shall continue in full force and effect all the terms and conditions of any existing bargaining agreement. The parties shall continue to bargain in good faith and the contract shall remain in full force and effect until the impasse procedure is exhausted or the contract expires, whichever is later. Once the tentative agreements on all collective bargaining issues between the Board and the employee organization are submitted to the Board, the Board will act on the tentative agreement as a whole, within 30 calendar days unless otherwise provided for in an existing collective bargaining agreement. LEGAL REF.: ORC

12 HK RELEASE OF NEGOTIATIONS INFORMATION Negotiations between the Fairport Harbor Board of Education and an employee organization are private and should not be conducted in public session. Communication with the media and in public shall be by a person or persons designated by the Board and shall be carried out in accordance with other Board policy and the obligation of the Board under the collective bargaining contract(s) or agreement(s). Joint press releases between the Board and the employee organization announcing the results of a collective bargaining process are encouraged. LEGAL REFS.: ORC ; CROSS REFS.: BCB, "Board Officers" BG, "Board-Staff Communications" CBA, "Qualifications and Duties of Superintendent" KB, "Public Information Program" 12

13 HM PROCEDURES FOLLOWING RATIFICATION The Fairport Harbor Board of Education shall make certain that the negotiated agreement is distributed to all administrative staff. In addition, the Board will provide an in-service on the meaning and obligation of the provisions included in the contract or agreement for all its administrative staff. 13

14 HN IMPASSE PROCEDURES The Fairport Harbor Board of Education and the certified employee organization(s) may jointly develop and agree upon an alternative impasse procedure to those contained in the Ohio Revised Code. Agreement on this alternative impasse procedure should take place prior to the start of bargaining or at least 45 days prior to the expiration of the contract(s) or agreement(s). LEGAL REF.: ORC CROSS REF.: HJ, "Negotiations Procedure" 14

15 HO WORK STOPPAGE Ohio law defines a strike to be "a continuous concerted action in failing to report to duty; willful absence from one's position; or stoppage of work in whole from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in wages, hours, terms and other conditions of employment." An unlawful strike by employees includes, but is not limited to: 1. Concerted action during the term or extended term of a collective bargaining agreement or during the pendency of dispute resolution procedures in failing to report to duty; 2. Willful absence from their position; 3. Stoppage of work; 4. Slowdown, or abstinence in whole or in part from their full, faithful, and proper performance of duties of employment for the purpose of inducing, influencing or coercing a change in wages, hours, terms and other conditions of employment; or 5. Any action, absence, stoppage, slowdown, or abstinence when done partially or intermittently, whether during or after the expiration of the term or extended term of a collective bargaining agreement or during the pendency of a dispute resolution process. A strike does not include a stoppage of work by employees in good faith because of dangerous or unhealthful working conditions at their place of employment that are abnormal to their place of employment. Should a strike occur, the Fairport Harbor Board of Education will make efforts to keep the schools open and operating. Precautions will be taken to protect the safety and health of the working staff and students, including, but not limited to, seeking a temporary restraining order enjoining the strike. The schools may be closed if sufficient doubt exists regarding such safety and health concerns. The Board shall not lock-out employees for the life of any legally negotiated agreement as a result of any strike action by any other recognized bargaining unit. The Board shall direct the administration to develop a strike plan as a precautionary measure well in advance of any anticipated work stoppage. LEGAL REFS.: ORC ; ; ; ;