Kelley Baker kbaker@hslegalfirm.com
Karen Haase khaase@hslegalfirm.com @KarenHaase
Steve Williams
Bobby Truhe
swilliams@hslegalfirm.com
btruhe@hslegalfirm.com @btruhe
Negotiations Have Changed: What You Need To Know The much-anticipated changes to the negotiations process have arrived. We have received several requests from school board members and administrators for a quick refresher about these changes. Legislative Bill 397, which took effect on July 1st, established new negotiations timelines and requirements for the 2013-14 contract year. The following is a brief, general overview of the major changes. Negotiations Timelines Nov. 1st
The board and teacher association must begin negotiations by November 1, 2012.
Feb. 8th
If the board and association have not reached agreement by February 8, 2013 they must submit the matter to a resolution officer for fact finding and/or mediation.
March 25th Fact finding and mediation must be concluded by March 25, 2013 (or within 25 days after the certification of state aid). Sept. 15th
If a case has been filed in the Commission of Industrial Relations (Commission), the board and association must try the case and the Commission must issue its decision by September 15, 2013.
The Board Must Raise All Issues at the Table. Boards must raise all the issues they want to implement and raise all the provisions in the agreement that they want to change. This is imperative. The resolution officer and the Commission will not act on issues unless they were raised at the bargaining table. Required Provisions in the Agreement. Beginning with the 2013-14 contract, negotiated agreements must contain the following: 1. 2.
A salary schedule or objective method for determining salaries; A description of benefits with a specific level of any group insurance coverage with a dollar amount or percentage of premiums to be paid; and
3.
A continuation clause which continues the terms of the agreement until the parties reach agreement on a new contract or the Commission issues a decision.
Number of Bargaining Sessions. The parties must engage in a minimum of four bargaining sessions unless they reach agreement on a contract before the fourth session. The Resolution Officer. The board and association must submit the dispute to a resolution officer for fact finding and/or mediation if they have not reached agreement by February 8, 2013. The resolution officer will decide which issues were negotiated in good faith, determine which issues are still in dispute, limit the decision to those issues that are in dispute; and choose the most reasonable final offer on each issue in dispute. Action in the Commission. Either party may file a petition in the Commission within 14 days of the resolution officer’s decision. The case in the Commission is not an appeal of the resolution officer’s decision – it will be tried and decided on the Commission’s tradition criteria of comparability and prevalence (not the most reasonable final offer). 98% Rule. Districts that have to increase their compensation can take some comfort that if their total compensation is low and needs to be increased, the Commission will now order them to increase it to 98% of the midpoint rather than to 100% of the midpoint as it did previously. Recommendations. LB 397 has advanced the timetable for negotiations and dispute resolution significantly. It has dramatically increased board’s responsibilities to prepare for negotiations. We recommend that boards do the following: 1. Identify all the provisions they want to add to, delete from, or change in the negotiated agreement. 2. Raise all these issues at the bargaining table. 3. Keep thorough, detailed records of the bargaining sessions. Keep those records even if the association team keeps minutes. 4. Perform comparability studies so that they know exactly where they stand in comparison to similar school districts and what the Commission might require them to provide in salaries and benefits. If you have any questions or concerns regarding the new negotiating timelines or any other issue, contact your school attorney or Kelley, Karen, Steve, or Bobby. I:\3\7613\E-mail Updates\129 Negotiations Timeline.doc