Michigan Association of School Administrators New Superintendent’s Conference September 23, 2008

1. Michigan Association of School AdministratorsNew Superintendent’s ConferenceSeptember 23, 2008

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. Getting Started • Decide what type of bargaining. Traditional, expedited, interest based . . . • Who is on management team? • Chief Spokesperson, other administrators • Ground Rules for negotiations • Permissive subject • Media blackout – not necessarily in district’s best interest

6. Traditional Bargaining • More formal • One spokesperson for each side • Positional and can be adversarial • Caucus – use time wisely • Taking notes – script as much as possible • Preparation is important for any type of bargaining

7. Expedited Bargaining • Limit the issues • Set time limits • Smaller teams • More informal

8. Interest Based Bargaining • More collaborative than traditional or expedited bargaining • Training for both sides is available • Facilitators from management and union help facilitate the bargaining sessions • Try to walk in the other side’s shoes, see their interests and issues • Each team member is expected to contribute in some fashion in the sessions

9. 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

10. Sidebar • Usually one from each side or maybe two people from each side • Talk informally about the issue • Positions can be more realistic • These conversations are considered ‘off the record’ • Sometimes used at the end of the process to get the deal done

11. Off the Record • You can 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

12. Subjects of Bargaining • Mandatory – wages, hours, conditions of employment • Permissive – ground rules for bargaining or curriculum • Prohibited – several subjects of bargaining are prohibited under Public Act 112

13. Prohibited Subjects of Bargaining • 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

14. 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

15. Preparation • No substitute for facts – you should always be very prepared. • Credibility goes with knowing 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?

16. Comparison to Other Districts • Important step in the preparation for bargaining • Union will want the best of every area from surrounding contracts • Make sure you’re grounded in the facts • Know the good stuff and bad stuff in your contract compared to other districts

17. Strategies • This is the most important concept of bargaining. • You must think through the whole process • Think big picture without missing the details • How do you decide what to put on table? • Clean up language • Talk to building level administrators about issues • Are concessions possible? • Start strong and stick to it • Be strategic

18. Budget Issues • Dealing with the budget shows that the Board is concerned about spending • Board and administration need to be concerned about budget issues given the state-wide issues with retirement, etc. • Be cautious with buy outs. They are short term solutions and could send the wrong message to employees.

19. Ideas on Containing Costs • Higher deductibles & higher co-pays on health care • Employees co-pay on premium • Self insure; HAS; caps • % first semester - % second semester • Tie total compensation to foundation increase

20. Fund Balance • Is it important? It is very important . . . • Emergencies, cash flow, borrowing, investment income, bond rating, executive order cuts • Depending on your cash flow, 10% to 16% should be your goal for fund balance • It should be used only for one time costs. • It can help cushion budget cuts and declining enrollment, but you should be making cuts along with using fund balance

21. What About New Language? • Every word in contract restricts management rights • Find your philosophical base regarding management versus employee rights • Superintendents come and go – not so with employee groups

22. Tentative Agreements • Written only • Do not try to agree to things verbally • What should be retroactive? • Language is effective on date of ratification • Salary can be retroactive – it is negotiable • Ratification • Past practice – correcting a wrong practice

23. 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 • “We want a contract” really means, “We want a raise”. • Buttons, picketing, work to rule, etc. • Frame the issue -- “Benefits and salaries are important and difficult issues and we’re working to reach agreement”

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

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

26. Unfair Labor Practice Charges • Another pressure tactic • 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 charges

27. Impasse • The parties cannot agree and positions have become entrenched – no movement • Bargain in good faith to impasse • Once impasse is reached, the district can implement its ‘last best offer’ • Implementation will be difficult • Union will likely file ULP

28. Mediation • State sends a mediator to the bargaining session • Each party meets in its own group and mediator goes back and forth between • Preparation still very important – Convince the mediator of the facts and you’ll have a better chance to reach an agreement with terms that you can live with

29. Work to Rule • Union encourages members to only do what is required in contract . . . Don’t come in early, don’t stay late, don’t do extras, etc. • Union employees have a right to engage in concerted activities, but, if those concerted activities result in a refusal to perform normal services, such activity may not be protected under PERA

30. 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

31. 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

32. 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

33. 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

34. Relationship with Union • Sometimes bargaining is a power struggle • Everything becomes an issue • Don’t take it personally • Follow through, build trust • Be good with the numbers, don’t cry wolf • Make sure people can read you • Establish trust and credibility and both sides can establish power base

35. Patience • Be patient • Help Board members be patient • Don’t make decisions (like reducing too many days) for a quick fix. The next round will be upon you soon and then what will you do? • Eventually, it will settle • Hang in there and keep hanging in there