Revised CIR Timelines Kelley Baker and Karen Haase Harding & Shultz (402) 434-3000 kbaker@hslegalfirm.com khaase@hslegalfirm.com H & S School Law @KarenHaase
Significant Changes Significant changes to Commission of Industrial Relations Act: • Effective date: July 1, 2012 • Changed negotiations timetable • Issues will no longer be “moot” • Required continuation clause • Changed CIR “midpoint” range
Timelines
Timelines September 1
Teacher assn. requests recognition as exclusive bargaining agent October 1 Board must respond to request November 1 Negotiations must begin February 8 If there is no agreement, parties must submit to resolution officer March 25 (or w/in Negotiations, fact finding, and 25 days after state mediation must end aid certification) September 15 CIR must issue its decision
Good Faith Bargaining
Good Faith Bargaining Good faith bargaining consists of: • Meeting at reasonable times • Conferring in good faith regarding wages, hours and terms and conditions of employment • Executing and signing a written contract upon reaching agreement
It DOES NOT require the district to agree to anything
Contracts Must Contain  Section 48-818.01 requires contracts to contain certain provisions.
Required Provisions
Required Provisions 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 by whom
A continuation clause
Recognition The NSEA has requested recognition of all its teacher associations • As exclusive bargaining agents for certificated non-supervisory personnel • For 2012-12 and 2013-14 contract years Boards must respond by Oct. 1, 2012 The NSEA filed for certification elections in the CIR when boards didn’t respond
Bargaining Sessions Minimum of 4 bargaining sessions • Unless the parties reach agreement
Parties must submit to mandatory mediation or fact finding if they don’t reach agreement by February 8th • Unless both parties agree to forego mediation and fact finding
Resolution Officer
Resolution Officer Resolution Officer – the mediator or fact finder appointed by the CIR CIR provides list of 5 names Parties alternately strike names The resolution officer: • Determines issues in dispute • Accepts stipulations • Schedules hearings
Resolution Officer Sets rules of conduct for conferences May order additional mediation Takes any other action to aid in resolving the dispute Does not consult with one party w/o the other party’s permission Not bound by strict rules of evidence Non-attorneys may represent parties
Resolution Officer Decides which issues were: • In dispute • Negotiated in good faith • Not agreed upon
Limits decision to issues in dispute Chooses the most reasonable final offer on each issue in dispute
Petition in Commission Dissatisfied party may file an action in CIR w/in 14 days of officer’s decision
The petition is not an appeal of officer’s decision
Commission’s Authority The Commission: • Is limited to deciding issues that the officer decided were in dispute • Decides issues on comparability, not most reasonable final offer • Must issue its decision by Sept. 15th
Total Compensation CIR must consider employer’s payment of or contribution to: • Health insurance premiums, • Premium equivalent payments, or • Cash equivalent payments
FICA payments Retirement payments
The True Midpoint The term midpoint means “in the middle position of a range” For example, the true midpoint of total compensation would be: • In an array of 9 districts -- the 5th • In an array of 10 districts -- the average of the 5th and 6th
The “CIR Midpoint” The “CIR midpoint” is the average of: • The true midpoint of the array schools’ total compensation, and • The average of the array schools’ total compensation
98-102% Midpoint Range During normal economic times (nonrecessionary times) • The CIR must determine whether the district’s total compensation is within 98% to 102% of the midpoint • If it is, the CIR will not order a change
Up to 98%, Down to 102%  If the total compensation is less than 98% of the CIR midpoint, the CIR will order it raised to 98%  If the total compensation is more than 102% of the CIR midpoint, the CIR will order it reduced to 102%
Recommendations Think 3-5 years ahead Ask for more than you expect to get Raise all provisions you might want to change Nothing is final until you agree on the whole agreement
93-107% Midpoint Range  If the total compensation is less than 93% of the CIR midpoint, the CIR will order it raised to 98% in three equal annual increases • If the total compensation is more than 107%, of the CIR midpoint, the CIR will order it reduced to 102% in three annual decreases
Recessionary Occurrence There is a recessionary occurrence when: • The two quarters immediately preceding the effective date of the contract term in which net (i) sales and use tax, (ii) individual income tax and (iii) corporate income tax receipts are less than the same quarters for the prior year.
During a recessionary occurrence, the range will be 95 to 102% of the midpoint.
Good Faith Bargaining Good faith bargaining involves the obligation to: • Meet at reasonable times • Discuss mandatory issues • Genuinely consider and respond to the other’s proposals
It does not require the board to concede on any issues
Strategies for Success
Establish Board Goals
Establish Board Goals • Go through entire negotiated agreement • Pick “wants” as well as “needs” • Think long-term • Think strategically
Know Where You Are
Know Where You Are Do your homework Have a qualified person: • Perform a comparability study • Analyze the negotiated agreement for: Mandatory and permissive issues Prevalence Wording
Keep your own minutes
Don’t Be Cheap
It can be very expensive
Good Faith Bargaining
Health Care Thoughts
Evaluators need help
Evaluators need help • • • • • • •
Being cute; we don’t do cute Being nice All -- the meaning of All 1st person, 3rd person Really rough Evaluation inflation Smudges
Evaluators need help • Evaluation systems • Max the Miracle Man - The Princess Bride • No probie is perfect • DSM 4th TR • What’s wrong with the principal • Counseling them out • Down and Dirty - how to evaluate
Revised CIR Timelines Kelley Baker and Karen Haase Harding & Shultz (402) 434-3000 kbaker@hslegalfirm.com khaase@hslegalfirm.com H & S School Law @KarenHaase