NASPA Presentation

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