Michigan Association of School Administrators New Superintendent’s Conference September 27, 2005

1. Michigan Association of School AdministratorsNew Superintendent’s ConferenceSeptember 27, 2005

2. Negotiations: Practical info every superintendent needs to know.Dr. Rodney Green SuperintendentEast China School District

3. PERA – Public Employment Relations Act • Duty to bargain • Meet and confer in good faith with respect to wages, hours, and conditions of employment • Neither party is compelled to agree to a proposal or make concessions • Good faith bargaining is manifesting an attitude and conduct that will be conducive to reaching an agreement

4. Bargaining is a continuous process • Preparation – review files, grievances, survey administration and board, put together facts regarding finances • Face to face negotiations • Contract administration • Then, preparation for the next round

5. Preparation • No substitute for facts – you should ALWAYS outprepare the other side • Power & credibility goes with the information • Benefits – health, dental, vision, LTD, Life • Payroll for the group; retirement, FICA • Budget – cost of steps for group • How many are at the top? How many opt out?

6. Comparison to Other Districts • Important step in the preparation for bargaining • Union will try to cherry pick • Make sure you’re grounded in the facts • Talk to other superintendents • Know the good stuff and bad stuff in your contract compared to other districts

7. Getting Started • What type of bargaining are you going to do? Full, expedited, interest based . . . • Who is on management team? • Chief Spokesperson, other administrators • Ground Rules for negotiations • Permissive subject • Union may wish a media blackout – not necessarily in district’s best interest

8. What Happens at the Table? • Spokesperson • Only one person should be talking at table • Caucas • Use time wisely; get input from others on team • Notes • Script every word as much as possible; one person should be designated

9. Strategies • How do you decide what to put on table? • Clean up language • Talk to building level administrators about issues • Proposals versus Practice • Are concessions possible? • Start strong and stick to it • Lay out concerns about health insurance, etc

10. Budget Issues • Dealing with the budget shows that the Board is concerned about spending • Board and administration need to be concerned because union won’t be • Buy outs are short term solutions and could send the wrong message to the union. Be cautious.

11. Prohibited Subjects of Bargaining • PA 112 • Policy holder for health insurance • Decisions concerning experimental or pilot programs and/or technology • Starting day of school • Amount of student contact time • Composition of site based decision making bodies or school improvement teams

12. Prohibited Subjects • Decision for open enrollment in or out of district • Authorization of a Public School Academy • Contracting for support services • Use of volunteers • Regional bargaining • Cannot veto local agreement

13. Ideas on Containing Health Insurance Costs • Hard Cap • Language that caps cost for that year (when contract expires members pay increase) – helps with bargaining the next year • Co-pay on premium (5% to 10%) • Self insure; HSA • Higher deductibles & higher co-pays on prescriptions

14. Ideas for Salary Increases • Tie to Foundation • Tie to total compensation • Tie to % of total pie • % 1st semester - % 2nd semester

15. Fund Balance • Why have it • emergency, cash flow, borrow less, investment income, bond rating, executive order cuts, negative supplementals • Unions want your fund balance • Union says “Districts are not a bank” • Two months for emergencies (16%) • If times are tough, does your family spend down its savings, or do you cut back on spending?

16. What About New Language? • Every word in contract restricts management rights • Find your philosophical base regarding management versus employee rights • Superintendents come and go – Union is constant

17. Tentative Agreements • Written only • Retroactive Pay is negotiable • current bargaining unit members only • Board/Union ratification

18. Contract Administration • Past practice • Correcting a wrong practice (contract language) • Principals need to be strong, otherwise good contract language becomes meaningless in practice

19. What happens when the Contract Expires? • Terms and conditions still apply • Extension or no extension • No extension means no arbitration on grievances • Union pressure tactics • No contract. “We want a contract” really means, “We want a raise”. • Buttons, picketing, etc. • MEA trains local to target superintendent • Frame the issue -- “We haven’t been able to agree on how big the raise will be for employees.” • “Benefits and salaries are important and difficult issues and we’re working to reach agreement”

20. Patience is a Key Factor • Patience and More patience – The board must realize this. Talk to board about process and how it is important to allow the process to work. • Impatient board members and administrators make bad deals • Quick Deal – There are no good quick deals (or at least very few)

21. Involving the Board • Keep the Board updated • Go over parameters and confidentiality early • Executive sessions • Legal issues

22. Unfair Labor Practice Charge • Another pressure tactic • Let them file – don’t change tactics because of a threat to file • Good faith bargaining does not mean saying yes. You can listen and still say no. • Once you have a tentative agreement, make sure it includes dropping the unfair labor practice charge

23. Impasse • Bargain in good faith to impasse • You can bargain to impasse on one item, if necessary • Implementation will be difficult • Make sure you have an attorney if you’re thinking of bargaining to impasse • Be aware of new tenure decision regarding a demotion (co-paying)

24. Mediation • You don’t generally have to meet the union across the table • You meet in your own groups and mediator goes back and forth between • Prepare – Convince the mediator of the facts and you’ll have a better chance to reach an agreement

25. Work to Rule • Refusal to perform activities or duties that are part of normal day to day could be viewed as a partial strike within PERA • Union employees have a right to engage in concerted activities, if those concerted activities result in a refusal to perform normal services, such activity may not be protected under PERA

26. Work to Rule • If voluntary activities have normally been done (ie chaperoning dances), not performing this duty during a contract dispute could be a violation • Concerted activity to refuse may not be protected under PERA • Michigan Negotiators Association is a good resource for superintendents

27. How to Deal With Media • What to say • Could give table positions • Get the district message out; frame the issue • Don’t say • Cannot give sidebar or off the record proposals or positions • Don’t disparage union position, talk about your position

28. Do’s and Don’ts regarding proper communications • Do, when questioned, accurately inform employee of the facts, status and table position of the employer • Do, when questioned, clarify certain contract proposals or answer employee questions regarding interpretation of proposals • Don’t inquire what went on at a union meeting

29. Don’ts regarding proper communications • Don’t offer directly to employees something not offered at the table • Don’t call an employee into your office to discuss negotiations • Don’t state to any employee that we could reach a settlement if association representatives would get out of the way • Don’t misrepresent association bargaining position or imply association proposals were in some respect adverse to employee interests

30. Sidebar • Off the Record • Usually one from each side or maybe two people from each side • Actually get something done • Sometimes used to get the final deal done

31. Off the Record • You can also do “off the record” written proposals • Sometimes after side bar discussion • Sometimes done the whole negotiations • Helps with comfort level – realistic positions • Denote on form “off the record written proposal” • Can pull back if doesn’t help settle

32. Expedited Bargaining • Limit the issues • Set time limits • Smaller teams • Informal, almost like a side bar or off the record

33. Interest Based Bargaining • Training for both sides is available • Facilitators from management and union help facilitate the bargaining sessions • More collaborative than full bargaining • Each team member is expected to contribute in some fashion in the sessions

34. Interest Based Bargaining • Story – everyone contributes to the story • Interests • Options – brainstorming • Straw Design – combinations of options • Evaluation • Consensus – everyone has to agree • Based on the concept of building relationships – soft on people, hard on the problem

35. Power Struggle • Who is going to run the district? • Union will try to make it personal • Posturing begins early with grievances • Everything becomes an issue • Establish trust and credibility and both sides can establish power base

36. Relationship with Union • Hard to build trust when they’re attacking all the time • Build trust by following through and doing what you say • Don’t be wishy washy, make sure they can read you • Be good with the numbers, don’t cry wolf

37. Patience for Everyone • Be Patient • Help Board members be patient • Eventually, it will settle • Hang in there and remember, “tough times don’t last, but tough people do”