(the Brown Act) and the Labor Negotiations Process

(the Brown Act) and the Labor Negotiations Process

Agenda Brown Act - Open Meeting Law - Who is covered? - Meetings - Closed sessions - Reporting out - Penalties The Labor Negotiations Process - Legal Basis for Labor Negotiations - Bargaining Subjects - Good Faith Bargaining Requirement - Unfair Labor Practices - Impasse

Open and Public Meetings All meetings of the legislative body of a local agency shall be open and public.

Legislative Bodies Subject to the Brown Act Governing body of local agency or other local body created by state or federal statute Includes School Boards and Boards of Trustees

What Is a Meeting? Any congregation of a majority of the members of the legislative body in the same time and place To hear, discuss or deliberate upon any item within its subject matter jurisdiction Includes: - Informal sessions or conferences, including retreats - Telephone conversations for the agreed purpose of obtaining collective concurrence by a majority of the body - Use of direct communication, intermediaries, or technological devices to develop a collective concurrence

Exception to Open Meeting Requirements (Closed Sessions) Closed sessions may only be held as expressly authorized. Specific authority for most common closed sessions: - Pending litigation - Personnel matters - Labor negotiations/relations - Real property transactions

Confidentiality of Closed Session Closed sessions are confidential.

Unlawful Disclosures Sanctions for improperly disclosing confidential information - Injunctive relief to prevent disclosure - Disciplinary action against an employee who willfully discloses - Referral of a member of a legislative body to the grand jury

Reporting After Closed Session After the closed session, the Board must reconvene into open session and report the actions taken in the closed session The nature of the report depends on the type of action taken

The Labor Negotiations Process

Legal Basis for Labor Negotiations The Educational Employment Relations Act (EERA) governs labor-management relations in California s public and charter schools Requires both employers and employee representative to negotiate in good faith

Bargaining Subjects EERA: Wages, hours of employment and other terms and conditions such as: 1. Wages, incentive pays, pay for performance 2. Benefits (i.e., health, dental, life, vision) 3. Paid and unpaid leaves 4. Layoff procedures 5. Work hours

Bargaining Subjects Wages, hours of employment and other terms and conditions such as: 7. Safety issues 8. Discipline policy and procedure 9. Grievance procedures 10. Evaluation procedures

Negotiation in Good Faith requires: 1. Bargain towards agreement if possible 2. Fully consider proposals from Union 3. No regressive bargaining 4. Do not bargain directly with employees 5. Exchange non-confidential information 6. No unilateral changes to subject within the scope of bargaining without completing the bargaining process

Negotiation in Good Faith requires: Bargain towards agreement if possible No duty to agree to union proposals No duty to reach an MOU No obligation to make concessions BUT: Must give rational explanations for rejecting proposals

Per Se Violations 1. Unilateral changes 2. Refusal to bargain 3. Failure to execute negotiated MOU 4. Conditioning proposals on union waiver of rights

Impasse Impasse occurs when each party s best proposal has been rejected by the other side and the parties are unable to make further concessions. Impasse can be broken if the parties later find ways for further productive negotiation.

Impasse Elected Body s Options at Impasse 1. Make concession to break impasse 2. Use impasse procedure (i.e. mediation) to determine if MOU possible 3. Do Nothing More - Causes terms/conditions of employment in MOU to remain in effect 4. Unilaterally impose one-year last, best and final proposal 5. Prepare to bargain again next year.