Contract Negotiation & Strike Manual Phone: 907-279-9345 Alaska PTA Toll Free: 888-822-1699 P O Box 201496 Fax: 907-222-2401 Anchorage, AK 99520 Email: firstname.lastname@example.org Web: alaskapta.org Table of contents Section A - General Information Message from the President PTA is not a school related organization How does collective bargaining affect public education? Why should the public be involved? Guidelines for PTA activities in relation to employee-employer disputes PTA responsibilities Dealing with the media Addendum A - Flyer to the Local/General Membership Addendum B - Letter of Neutrality Addendum C - Anchorage School District Employee/PTA leader disclaimer PTA Today Article: The Role of the PTA during Union Negotiations National PTA Position Statement: Teacher Negotiations. Sanctions and Strikes National PTA Position Statement: Relationship of PTA to Educational Organizations Section B - An Unannounced Walkout Telephone tree Section C - Schools Stay Open Questions to ask school principals, school board members and superintendent if schools stay open Section D - Schools are Closed PTA Handouts (Tip sheets for Parents) Is Your Child Ready to be Home Alone Child Care: How to Choose a Center How Fire Safe Is Your Home What Your Child Should Know About Fire and Burns Ten Terrific Tips to Lessen Stress in Your Family 7 Tips for Identifying distressed Child Emergency Phone Numbers & House Rules Anchorage Area Child Care Information Section E - After a strike Section F - Attachments Alaska Statutes Glossary of Terms Collective Bargaining Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 2 Section A – General Information September 2005 Dear PTA Presidents: This Contract Negotiation & Strike Manual is designed to give you some basic information if the Anchorage School District and the Anchorage Education Association do not reach agreement on a new contract and move toward a strike. Parents and community members who want to know what will happen to our children in case of a strike may have approached you. Many parents will need time to make alternative arrangements for their children during the school day if our schools close. Individuals are asking, “What will the PTA say and do?” My response is that the mission of the PTA is threefold: To support and speak on behalf of children and youth in the schools, in the community and before governmental bodies and other organizations that make decisions affecting children; To assist parents in developing the skills they need to raise and protect their children; To encourage parent and public involvement in the public schools of this nation. Parents have not only the right but also the responsibility to advocate for their children. The PTA will not abdicate its role as an advocate for children when our children need us most. Within the guidelines of the PTA, our organization will advocate for the needs of children and after this is all over, PTA will lead the way to reestablish a sound educational environment for all children. I encourage you to read this material and to keep it with you. Share this information with your principal and executive board. As more information becomes available, we will send it out so that you can add it to your manual. Most of us do not want to think about a strike in our school district. And it is our greatest hope that you will not have to use this information. However, “be prepared” is always a good motto. What role should you and your PTA play in this situation? The role of the PTA before, during and after a strike is very specific. You are the advocates for the students and their safety. Your PTA should not take sides either for or against the school district or the bargaining units. It is your roles to ask the principal what plans have been made. You should assist the principal with this plan, but it should be coordinated through the principal’s office. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 3 If a strike occurs, the school district will have two choices. First, to close the schools until the staff returns, or second, to keep the schools open with substitute teachers and volunteers. At this time, the Superintendent has stated the schools will be closed if there is a strike. It is still wise to plan for both actions, should the situation change. If the schools are closed, the PTA may wish to coordinate or assist parents in finding childcare. Commercial childcare centers may not have enough room or personnel to accept all of the students that may need service. Questions about using school district buildings for this purpose should be addressed with that building’s principal. A word of caution: the PTA should not bear the primary responsibility of daycare. While the nature of most PTA people is to take charge, the legal and liability issues for childcare are more than most local PTA units are prepared to properly take on. If the schools are to remain open, it is likely that the district will ask for volunteers to assist the limited number of substitutes that are willing to work during the strike. Any parent who contacts your PTA to volunteer should have their name and phone number forwarded to the principal or superintendent’s office. That said, it is the school district’s responsibility to educate students; volunteers should not be expected to teach unless they are properly qualified. Remember, the employees and administrators that are involved in negotiations now are the same people you have developed good long term working relationships with over the years. After this is over, it is likely that the PTA will be working with these same people once again. Try not to do anything that will jeopardize your future relationships. Everyone loses something in a strike, but try to keep the damage minimal and short term. Each side is doing what they believe is right for the long term process of educating our children. Even without a strike, the school district is still facing major problems. Each year we see class size issues, increased violence against children, and fewer extra-curricular activities. The financial shortfalls will not go away with out increased funding from a skeptical community. We need parents, teachers, staff and administration working together for everychild.onevoice. Dee Parsons, President Alaska PTA Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 4 PTA IS NOT A SCHOOL RELATED ORGANIZATION PTA is an Independent Child Advocacy Organization A PTA is not a "school-related organization." PTA is a private, nonprofit membership association. It is important for all PTA officers, directors, and members, as well as the staff and administrators of school districts, to understand and appreciate the difference, because the laws governing schools and school districts are very differ- ent from the laws governing private, nonprofit associations. A PTA is a local, self-governing, nonprofit (and, usually, tax-exempt) membership association whose main purpose is to serve the needs and desires of its members in promoting the health, welfare, safety and education of children and youth in home, school, community, and place of worship. A local PTA unit can be formed any place there is a genuine interest in helping children. This can be in an apartment complex, an office building, an industrial plant, a shopping center, or a senior citizens' residence. Units can also be formed, under the right circumstances, in conjunction with special community-wide, children-oriented programs or projects. A PTA generally does provide service to a school community and students in that community; and, the members generally work closely with school principals, teachers, and staff. However, this relationship is one of a private organization (the PTA) working with a public organization (the school district). PTA works within the school community, but is not part of the school or school district. Anyone can join a local PTA unit. There is no requirement that a member must have children in school. Taken from "Alaska PTA and the Law", 1999 How does collective bargaining affect education? The negotiated contract becomes the instrument for school district governance on each provision that is negotiated into the signed contract. Therefore, the contract has potential implications for everything that occurs in the classrooms of that district. Issues dealing with class size, hours of employment, teacher transfer policies, procedures for employee evaluations, as well as, wages and benefits, all have an impact on the quality of teaching staff and of education. From the California State PTA Guidelines Notebook, March 1992 Why should the public be involved? The community has a high stake in its public education system and, therefore should be equally concerned about the negotiations, which result in the final contract. While negotiations are usually conducted in private meetings between representatives of the school district and employee groups, the public must study the issues, evaluate their impact on the educational system, know how the collective bargaining process works and how the public can fit into the process. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 5 In a representative government such as ours - one in which school boards are elected to represent the public viewpoint, is to work, people must have the ability to: • elect their representatives • influence those they elect • hold those officials accountable. From the California State PTA Guidelines Notebook, March 1992 Guidelines for PTA Activities in relation to Employer-Employee Disputes Public school employer-employee negotiations and/or disputes and disputes between bargaining units are very much a part of the reality of operating public school. (PTA UNITS MUST REMAIN NEUTRAL* and MUST refrain from taking sides in all disputes.) It is a PTA responsibility to provide opportunities for public understanding of disputed issues through the sponsoring of public meetings where all sides may present their views. PTA does speak as advocates for children and youth. It is a PTA responsibility to urge school board members, school district employees and negotiators on ail sides to make the welfare of the students the first and ultimate consideration. (These two paragraphs must be used together at all times; neither may be used without the other.) National PTA Neutral, defined as: “not engaged on either side; specifically: not aligned with a political or ideological grouping <a neutral nation>" Webster's New International Dictionary, Second Edition, Unabridged PTA Responsibilities 1. PTA Leaders Responsibilities when a dispute arises: • The PTA Leadership must consult the Alaska PTA leadership Region VP, Leadership VP, Council President or Alaska PTA President. • The PTA Council Leadership must meet with the leadership of all affected local unit PTAs to instruct them in observance of the PTA's neutrality policy. • The PTA Leadership should meet with the school district administration and bargaining unit leadership to explain PTA neutrality. • The local unit PTA leadership must meet with the school site administration and school site bargaining unit's leadership to explain PTA neutrality. • The local unit PTA leadership must communicate PTA's position of neutrality to the membership. 2. PTAs MUST Remain Neutral: • PTAs MUST not recruit substitute teachers or staff the classrooms. Classroom instruction is the responsibility of the school district. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 6 • PTAs MUST not recruit substitute classified employees or staff those positions • PTAs may be on school grounds in general activity areas if there are concerns about the safety of the students. • PTAs MUST NOT distribute literature from either side. • PTAs must not show partiality toward the administration, the non-striking or striking personnel in any way (e.g. verbally, by walking the picket line, etc.) This may also be true before a strike. 3. Remaining Neutral Includes continuing with normal PTA Activities such as: • Regular PTA Volunteer programs, e.g., volunteers in the media center, library, playground, office, lunchroom, classrooms, etc. A list of those who volunteer regularly must be given to the school site administrator and the school site bargaining units leadership. • When PTAs regularly meet in the school facility, such meetings may continue. However, the PTA should make certain that its school facility use permit has not been temporarily suspended by the school district. • Scheduled PTA sponsored programs and projects may continue. 4. PTA Leaders' Obligation: • There is not intent by the PTA to infringe on the rights of its members to act as individuals. However, if an individual is perceived as a PTA leader, he/she is obligated to consider the effect of his/her actions on the PTA organization. • If a PTA leader believes that conscience requires a statement or action favoring one side or the other, a public disclaimer* must be written and sent to the school site administration, school district superintendent, president of the school board, school district employee organization and PTA organization leadership. • If a PTA leader is a school district employee and plans to work during a dispute, a public disclaimer* must be signed. • If a PTA president is also a school district employee with membership in the organization negotiating with the school district, and a dispute arises, the president must delegate the responsibilities of the presidency to the first vice president during these negotiations. *A disclaimer should include the following information: Although I serve as _____________ at the _____________ PTA, any statement I may make or action I may take regarding the current employer-employee dispute is an individual statement or action and has no connection whatsoever with ___________PTA, whose position is one on strict neutrality. 5. In the event of an unexpected walkout, The PTA: • May provide volunteers, if necessary, on the day of an unexpected walkout to care for general activity areas on the school grounds until their parents Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 7 arrange to get them home. The activity must not include classroom instruction. • Must not staff classrooms. Staffing of classrooms by non-credentialed personnel is inconsistent with PTA efforts to have a qualified teacher in every classroom. ***Please Note*** The school administration is legally responsible for staffing the school. The PTA as an organization cannot and must not assume this responsibility or liability. When in doubt about any activity, consult Alaska PTA: 907-279-9345. Dealing with the Media PTA leaders should expect to be contacted by the media. Any personal opinion is an inappropriate subject for discussion by a PTA spokesperson. Consult the Alaska PTA if advice is needed about how to communicate the PTAs position of neutrality. If caught unprepared, do not attempt to speak "off the cuff' to the caller. State that it is an inconvenient time to talk and you will return the call. You are under no obligation to answer their questions immediately. PTA leaders must not attack other organizations or representatives of other organizations (i.e., employee groups, administrators, or school board members). You should do nothing that will split your membership. You, as a representative and an elected officer of the PTA, should not write a letter to the editor or testify in public in support or opposition to the negotiations and/or strike. Should not circulate or allow to be circulated, petitions or other types of materials in support or opposition of the negotiations/strike at PTA meetings or on PTA tables at your open house or other activities. Should not allow a motion in support or opposition to negotiations/strike at your executive board meetings or general membership meetings. This issue is extremely complex and if addressed should be done so through the resolution process. This process must include: Informing the general membership of the meeting well in advance of the meeting in many different formats (i.e. newsletter, email, website, backpack mail, phone tree, etc.) and indicating that the labor dispute will be discussed. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 8 FOR IMMEDIATE DISTRIBUTION TO THE GENERAL MEMBERSHIP ______________________________ PTA is an organization whose membership is composed of parents, teachers, students school district employees, school board members, and other concerned community members all working together to promote the welfare of our children. ______________________________ PTA recognizes that during the current negotiations, strike, slowdown, etc., parents will do what they think is best for their children regardless of any affiliation with PTA. PTA members, should however in their in their official capacity refrain from taking sides in any dispute arising from school employer-employee negotiations and must remain neutral. ______________________________ PTA will continue its normal volunteer activities whenever possible. Thank You, President Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 9 (insert PTA Today May 1994) Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 10 POSITION STATEMENT TEACHER NEGOTIATIONS, SANCTIONS, AND STRIKES Teacher negotiations, sanctions, and strikes are very much a part of the reality of operating public schools. While there are great variations throughout the country in the intensity of teacher militancy, no school system can escape the necessity of responding to the growing voice in educational decision-making. Not only do school boards and school administrators have to reckon with teacher militancy, but PTA becomes involved. The PTA, because of its strategic position, has become involved in activities related to negotiations and may find itself on the horns of several dilemmas. 1. If the PTA provides volunteers to man the classrooms during a work stoppage, in the interest of protecting the immediate safety and welfare of children, it is branded as a strike breaker. 2. If the PTA does not take sides in issue being negotiated, it is accused of not being interested. 3. If it supports the positions of the board of education, which is the representative of the public in negotiations, the teacher members of the PTA have threatened to withdraw membership and boycott the local PTA activities. As a result, PTA leadership in local units, councils, and states has expressed an urgent need for guidance in this difficult situation. Guide to State Congresses The best efforts of state PTAs in regard to teacher negotiations, sanctions, and strikes start with alertness before a situation arises. 1. Study state laws regarding negotiations, sanctions, and strikes so as to act within the law, and so that counsel to local units will be consistent with the law. 2. Seek to bring together in conference meetings the state leadership of all groups concerned for the purpose of mutual understanding. 3. Encourage state legislation which will improve the procedures for negotiations and resolution of impasse. 4. Help local units understand particular state issues involved. 5. Urge school boards and teachers to establish frequent and regular lines of communication about educational concerns. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 11 Guidelines for Councils and Local Units Because situations locally vary so widely, both across the country and even within states, guidelines cannot be highly specific. A great deal of discretion in action is left to the council and the local unit. These are suggested measures for action organized appropriately to three phases: the pre-strike period, during the strike, and after the strike. These guidelines, plus counsel from the state PTA and the basic good judgment of the people, should enable the council and the local PTAs to minimize the dilemmas and to contribute constructively to community understanding, teacher satisfactions, renewal of cordial parent-teacher dialogue, and improved educational climate for children. Pre-strike Period 1. Continue to work for quality education. Efforts in this regard reassure teachers that parents are helping to achieve their goals of greater job satisfactions and improvement of substandard salaries. 2. Be alert to early symptoms of teacher dissatisfaction: a. Abnormal turnover in teaching staff and administrators. b. Teacher-supported legislation defeated by state legislature. c. Growing dissatisfaction of teachers as evidenced by complaints. 3. Seek action that corrects the basic causes of dissatisfaction --salaries, student conduct, teaching conditions, lack of participation in decision-making 4. Inform the officers of teachers' organizations, the school boards, and administrators of the appropriate role PTA might play in the event of a work stoppage, and be advised as to provisions for the welfare and safety of children during work stoppage. 5. Urge school boards and local teachers' organizations to consider the advisability of developing written agreements on negotiation procedures, including grievance procedures. Because work stoppages and negotiations are often times conducted in a way that tends to create dissension and low morale that are harmful to children, the PTA should do all it can to prevent such situations from developing. The advance planning and the orderly procedures embodied in written agreements may avert strikes. 6. Learn from the school board and the teachers' organizations what issues are being negotiated. 7. Provide full public airing of the issues. The purpose of these discussions is to dispel confusion and develop intelligent, informed public opinion. If a strong majority opinion develops regarding an issue that affects children, the PTA has a responsibility to bring this to the attention of the negotiating parties. PTAs should be keenly aware that the decisions made in negotiations often times have much more of an impact upon the welfare of children than to temporary closing of she school and other disruptive action. 8. Reexamine the role of teacher members in the local unit. Teachers as well as parents should join and participate by individual choice. Their motivation to participate should spring from a professional awareness of the unique Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 12 contributions which they may render, and the value of teacher rapport with parents and the community. The teacher continues as a willing partner in the PTA when participation is free of unwarranted expectations. During the Strike 1. Urge immediate and continuous negotiations and if necessary mediation to get schools open as soon as possible. If negotiation is delayed, the PTA should seek to bring the school board representatives and teachers' organization representatives together. 2. Serve as an open forum to inform the public on the points of disagreements and the progress of negotiations. 3. PTA should not man the classrooms, except possibly for a day in the absence of advance notice of a strike. Not only is manning of classrooms inconsistent with PTA efforts to obtain a qualified teacher in every classroom, but personal liability may be incurred. If the school administration intends to keep the schools open during a teacher walkout, it should develop a corps of volunteers outside the PTA structure. 4. Suggest and urge appropriate action by parents, community agencies, and volunteer groups that will protect children during the period the school is closed. 5. Encourage the full and continuous participation of teacher members in PTA activities. After the Strike 1. Plan activities that will restore harmony, promote teacher morale, and renew parent-teacher dialogue. 2. . Through informed public opinion see that the negotiated agreements which settled the strike are faithfully implemented. 3. Work for community understanding and support of school needs. 1 1 Reaffirmed 1987 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 13 POSITION STATEMENT RELATIONSHIP OF PTA TO EDUCATIONAL ORGANIZATIONS The child's growth and well-being is the first concern of the PTA. The PTA reaffirms its intention of working with all public school groups in an effort to serve the best interest of all children and youth. The PTA will promote and maintain working relationships on an equitable basis with all groups involved in decisions regarding public education and the implementation of those decisions. The PTA will assume an active role in promoting discussion, communication and understanding within the education community in order to gain a greater understanding of each others' goals and positions. Recognizing that an equitable, quality education for children and youth will come about through collective efforts and shared priorities, the PTA will promote identification of common areas of agreement among educational organizations. Once established, those common areas of agreement should be addressed through united efforts toward the accomplishment of our common goals for the benefit of all public school students. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 14 Section B – An Unannounced Walkout Telephone Tree Alaska Law requires a 72 hour notice of a teacher walk-out. All parents should be alert to announcements of an impending walk-out. Preparations should be made now to check the feasibility of parent volunteers coming into the schools on an emergency basis to ensure the safety and well-being of the children. Let the parents in your building know if volunteers will stay with the children on an emergency basis. Your principal will alert parents as to whether or not the schools will be open. Make sure your parents know to be alert about the possibility of an announced walkout and to listen to the radio or TV occasionally throughout the day between the strike vote and the strike action. Talk with your executive board and your principal about setting up a telephone tree for volunteers in case of a teacher walkout. It is certainly within the scope of the work of the PTA to help assure the safety of the children in an emergency. However, the PTA cannot and will not coordinate manning the schools for the duration of the strike. Ask volunteers to be available to come to school in case of a teacher walkout to stay with the children until the end of the day or until their parents can come for them. Ideally, the PTA and the school principal should know these volunteers. Be sure your message includes instructions to check in at the office, sign in so the principal knows you are there and can assign you your duty station. Since, in a walkout, volunteers would have prior notification, less volunteers should be needed for emergency assistance. Telephone Tree Set- Up Select teams of volunteers who would be willing to come to school. Choose lead callers which should be teams in case someone is not at home. • Choose people who are reliable. • Lead Callers should be given no more than 3 people to call. • Every team member should have a complete list of the their team calling roster and a clear knowledge of their own calls to make. You provide for the team callers: Names of the PTA members they are willing to call with day, evening, page or cellular numbers. Determine if possible the best number for each time to call. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 15 Section C – Schools Stay Open Questions to ask before the strike Your school administrators, school board members and superintendent should be asked these questions before the strike is called: • Will our schools be safe if they stay open? • Will the days that schools are open during a strike count towards instructional days? • Will there be picket lines? • Is it safe to cross a picket line? Section D – Schools Are Closed Resources from National PTA: • Is your child ready to be home alone? • Child Care: How to choose a center? • How fire safe is your home? • What your child should know about fire and burns. • Ten terrific tips to lessen stress in your family. • Seven tips for identifying the distressed child and seven things to do if you have one. • Emergency Phone numbers and rules Anchorage Area Child Care Information Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 16 (insert is your child ready to be home alone article) Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 17 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 18 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 19 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 20 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 21 Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 22 Emergency Phone Numbers & House Rules Emergency Numbers: Police/Fire: 911 Doctor: ______________ Ambulance: 911 Hospital: _____________ Mom: ____________ Dad: ____________ Others: _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ House Rules: __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ __________________________________________ Provided by your PTA Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 23 Anchorage Area Child Care Information Child Care Connection - child care resource and referral agency that has served South Central Alaska since 1986 Toll Free: (800) 278-3723 Client Services: (907) 563-2996 Main Line: (907) 563-1966 Fax: (907) 563-1959 Email: email@example.com Website: http://www.childcareconnection.org/ Visit: Mail: 3350 Commercial Dr., Suite # 203 Child Care Connection, Inc. Anchorage, AK 99501 PO Box 141689 (Located in the Anchorage, AK 99514-1689 Success by Six Building) Anchorage Child Care Services Listings from the Yellow Pages – up to 91 listings http://www.helloanchorage.com/YP/c_CHILDDAYCARESERVICES.Cfm Elemendorf Child Development Program Child Development Program Main Office 10480 22nd Street • Phone: (907) 552-4224 http://www.elmendorfservices.com/Pages/child_care_new/cdc-main.htm Fort Richardson Families: If your child will need care in the event of a teacher's strike, please notify CYS Central Registration at 384-7483 so that they may plan for the correct need. Children already enrolled in the School Age Services (SAS) Before and After School program or in the SAS Kindergarten program will automatically be cared for. CYS can provide daily, weekly and monthly care. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 24 Section E – After a Strike • PTA has an opportunity and an obligation to help restore the school environment to one that provides a positive educational experience for all students. • PTA members must consider what is in the "best interests of all students". In addition, PTA is a vital part of the healing process between employees, employers, parents and students. • Any planned PTA activity for the school district employees MUST have the cooperation and support of the school staff and the approval of the principal. For advice on how to handle individual situations, contact your Region Vice President, Council President or Alaska PTA at 907-279-9345 Section F - Attachments Alaska Statutes AS 23.40.235. Public Involvement in School District Negotiations. Before beginning bargaining, the school board of a city or borough school district or a regional educational attendance area shall provide opportunities for public comment on the issues to be addressed in the collective bargaining process. Initial proposals, last-best-offer proposals, tentative agreements before ratification, and final agreements reached by the parties are public documents and are subject to inspection and copying under AS 40.25.110 - 40.25.140. AS 23.40.250. Definitions. In AS 23.40.070 - 23.40.260, unless the context otherwise requires, (1) "collective bargaining" means the performance of the mutual obligation of the public employer or the employer's designated representatives and the representative of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession; (2) "election" means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in AS 23.40.070 - 23.40.260; (3) "labor relations agency" means the Alaska labor relations agency established in AS 23.05.360 ; (4) "monetary terms of an agreement" means the changes in the terms and conditions of employment resulting from an agreement that Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 25 (A) will require an appropriation for their implementation; (B) will result in a change in state revenues or productive work hours for state employees; or (C) address employee compensation, leave benefits, or health insurance benefits, whether or not an appropriation is required for implementation; (5) "organization" means a labor or employee organization of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment; (6) "public employee" means any employee of a public employer, whether or not in the classified service of the public employer, except elected or appointed officials or superintendents of schools; (7) "public employer" means the state or a political subdivision of the state, including without limitation, a municipality, district, school district, regional educational attendance area, board of regents, public and quasi-public corporation, housing authority, or other authority established by law, and a person designated by the public employer to act in its interest in dealing with public employees; (8) "regional educational attendance area" means an educational service area in the unorganized borough that may or may not include a military reservation, and that contains one or more public schools of grade levels K - 12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board; (9) "terms and conditions of employment" means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the function and purposes of a public employer. Glossary Agency Shop- A requirement usually contained in a negotiated agreement, that all employees in a bargaining unit pay a fee, often called a "fair share" or "service" fee, covering the cost of representation to the employee organization which is the exclusive representative of the unit. Arbitration- A method of resolving disputes between an employer and employee organization by submitting the dispute to a neutral third party (or tripartite pane) whose decision may be binding or merely advisory. Grievance Arbitration- A voluntary means of settling grievances which arise from the interpretation or application of an existing contract. The arbitrator clarifies the meaning of the contract provision and renders a decision when disagreements cannot be settled on the lower levels of grievance procedure. Binding Interest Arbitration- An interest arbitration concerns a grievance or a dispute between the employer and the bargaining agent over an issue, which is common to most, if not all, employees in the bargaining unit. For example: the percentage of salary increase to all members in the bargaining unit might be Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 26 presented to a neutral party for arbitration. The arbitrator then determines the percentage based on the facts the two parties present. Rights Arbitration- a procedure whereby parties unable to agree on a solution to a problem indicate their willingness to be bound by the decision of a third party. The parties usually agree, in advance, on the issue, which the third party (the arbitrator) is to decide. This agreement is usually known as the "submission" and the arbitrator is limited and confined by the scope of the submission. Arbitration Clause- A provision in the collective bargaining agreement stipulating that those disputes which arise when the contract is being applied or interpreted are subject to arbitration. It may be broad enough to include 'any dispute" or the parties to specific areas or issues may confine it. Budget Document- A written statement translating the educational plan or program into costs, usually for one future fiscal year, and estimating income by sources to meet these costs. Certificated Employee- A school employee who is qualified by a certificate or credential to perform a particular educational service, such as classroom teacher, counselor, nurse or psychologist. Classified Employee- A school employee in a position not requiring a certificate or credential, such as teacher's aides or clerical, custodial or food service employee. Closed Shop- A provision in a collective bargaining agreement under which the employer may hire only union members and retain only union members in good standing. Duty of Fair Representation- The obligation of the exclusive representative to represent in good faith all members of the bargaining unit, including nonmembers of the union. Exclusive Representative- The employee organization which has won the sole right to represent employees in a bargaining unit and to negotiate an agreement for the unit and which must represent all employees in the unit, including nonmembers of the organization. Fact-finding- The method of impasse resolution, usually advisory, that involves investigation of a bargaining dispute by a neutral third party, or tripartite panel, who reports the results to the parties, usually with recommendations for settling the dispute. Good Faith Bargaining- Broadly defined as the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal. Impasse- A deadlock or stalemate in bargaining declared by one or both parties. Declaration of impasse usually precedes implementation of impasse resolution procedures Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 27 Collective Bargaining Collective bargaining consists of negotiations between an employer and a group of employees that determine the conditions of employment. The result of collective bargaining procedure is called the collective bargaining agreement or CBA. Often employees are represented in the bargaining by a union or other labor organization. Collective bargaining is governed by federal and state statutory law, administrative agency regulations, and judicial decisions. Unions and management engage in negotiations in order to reach a CBA agreement (contract). The law (National Labor Relation Act) requires that both sides "bargain in good faith." This means that they both must come to the table willing to give and take. Often, though, each side feels a need to "push" the other side in order to get what they want. Management might, for example, engage in a publicity campaign against the union, furlough workers (temporary layoff), and in the direst of circumstances, lock out workers. In the past management took certain actions which are now illegal such as the hiring of armed thugs (the Pinkertons are an example), signing workers to yellow dog contracts (contract a worker signed that promised they would not join a union as a condition of their employment), and black listing (creation of lists of union organizers that would be circulated to other employees so that those on the list could not get jobs). Unions also have a variety of weapons at their disposal. They might have a mass sick out, slow downs or have picket lines. They might engage in a boycott of the manufacturers product and they also might engage in a publicity campaign. Of course the last resort and strongest weapon for a union is the strike. Sometimes, in the event of a strike management hires replacement workers, know derisively as scabs. Unions often respond with great venom to these workers who are threatening there jobs by making the strike less effective. If both parties are headed towards a labor impasse certain steps may be taken outline below to avoid continued labor discord. Fact Finding/Non Binding Arbitration Fact Finding is typically a step taking to avoid labor impasse that occurs before mediation and arbitration. In fact finding, a neutral third party is hired to review the relevant labor dispute and to render a finding of fact. The finding of fact is the independent arbiters view of what has occurred in the labor dispute and what decision they would have made had they been empowered to make it. The difference between fact finders and non binding arbitration is that fact finders are usually those that are hired independently by either party. Non binding arbitration occurs when both parties agree to present their dispute together. The purpose of fact finding and non binding arbitration is to push along negotiations by having an unbiased third party opinion. Typically one side then uses the findings as a crutch in negotiations. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 28 Mediation Mediation is a process for resolving disputes with the aid of a neutral third party. The mediators role involves assisting parties, privately and collectively, to identify the issues in dispute and to develop proposals to resolve the disputes. The mediator is not empowered to decide any disputes; accordingly the mediator may meet privately and hold confidential and separate discussions with the parties to a dispute. Mediation may be mandatory, under the terms of certain laws or court rules, or may be voluntary, by agreement of the parties. Some laws and court rulings have rules requiring mediation of disputes at some point in the litigation process. Voluntary arbitration may be undertaken when two parties agree in advance to submit any disputes to mediation. Such mediation clauses are common in agreements in which the parties seek to resolve their disputes in a manner which avoids hostility and preserves an ongoing relationship. Mediation agreements also may be made at the time a dispute arises. A typical mediation might involve allowing each party to submit pre-mediation briefs which succinctly set forth the essence of the dispute, and each parties' position. At mediation, the mediator will typically conduct introductions, explain the mediation process, provide assurances of confidentiality, and give each party an opportunity to explain the dispute and the reasons behind the party's position. Many mediators will then meet privately with each party, and provide an evaluation of the dispute, pointing out the strengths and weaknesses of each party's position. The mediator may then, again in private, assist each party to determine both parties' genuine interests, and encourage each party to identify settlement proposals intended to address those interests. Typically, the mediator communicates settlement proposals to each party, and helps each party determine how best to respond to a settlement proposal. Arbitration In arbitration, a dispute is submitted to an arbitrator for a decision. Arbitration may be binding or non binding (advisory). Binding arbitration involves having a neutral person (or a panel of neutral persons) decide a dispute, after hearing each parties' presentation of evidence and argument. The parties agree in advance that the decision (award) of the neutral is to be final. Generally, there are no appeals from an arbitrator's award, though parties may seek judicial relief from binding arbitration if the arbitrator exceeds the authority conferred under the parties' agreement to arbitrate, or if the arbitrator denies a party a fair hearing, or demonstrates bias or prejudice. Also, parties may sometimes seek judicial relief if there is an obvious mistake, such as a calculation error, that appears on the face of an award. Non binding arbitration (sometimes called advisory arbitration) operates in much the same fashion, except that the award of the arbitrator is not intended to be final or binding. Rather, the award is intended to provide guidance to the parties so that the parties can consider the persuasive influence of their positions, as reflected by the advisory arbitrator's award. Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 29 Arbitration may be court-ordered, for example, under court rules which mandate that certain disputes be submitted to arbitration. Or, arbitration may be mandatory, under the terms of rules or agreements to which the parties have agreed in advance of any dispute. For example the rules of the (United States) National Association of Securities Dealers require members to submit all disputes between them to binding arbitration. In contrast, arbitration may be voluntary. Voluntary arbitration refers to the arbitration of a dispute submitted to an arbitrator by agreement of the parties. Typically, parties to a dispute submit their dispute to arbitration in order to minimize the expense, delay, or publicity which they perceive will accompany litigation. Voluntary arbitration is consensual. Parties enter into an agreement to arbitrate or a submission agreement. The Agreement to arbitrate may be entered into in advance of any dispute, and may, for example, be included in a dispute resolution clause of a contract. Parties may agree to arbitrate a dispute at the time a dispute arises, or at any time before a final judgment is entered in a court proceeding. from The Social Studies Help Center, http://www.socialstudieshelp.com/ Alaska PTA Contract Negotiation & Strike Manual — 2005-2006 30
"Teacher Contract Negotiation"