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Teacher Contract Negotiation


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									    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:   Web:
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
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
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
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

Dee Parsons, President
Alaska PTA

               Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
                     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
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
     •   PTAs MUST not recruit substitute classified employees or staff those
     •   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
     •   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
       arrange to get them home. The activity must not include classroom
   •   Must not staff classrooms. Staffing of classrooms by non-credentialed
       personnel is inconsistent with PTA efforts to have a qualified teacher in every

***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
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

______________________________ 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,


               Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
               (insert PTA Today May 1994)

Alaska PTA Contract Negotiation & Strike Manual — 2005-2006


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
   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
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
   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
          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
      5. Encourage the full and continuous participation of teacher members in PTA

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.

    Reaffirmed 1987

                      Alaska PTA Contract Negotiation & Strike Manual — 2005-2006


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
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
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
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
   • 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
    (insert is your child ready to be home alone article)

Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
  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
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


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

Elemendorf Child Development Program

Child Development Program Main Office
10480 22nd Street • Phone: (907) 552-4224

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
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
   •   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 -
(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
(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.

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
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
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
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

               Alaska PTA Contract Negotiation & Strike Manual — 2005-2006
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
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
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
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
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,

                    Alaska PTA Contract Negotiation & Strike Manual — 2005-2006

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