Update on Negotiations Deadlines

Kelley Baker kbaker@hslegalfirm.com

Karen Haase khaase@hslegalfirm.com @KarenHaase

Steve Williams

Bobby Truhe

swilliams@hslegalfirm.com @SteveisEsteban

btruhe@hslegalfirm.com @btruhe

NEW NEGOTIATIONS TIMELINES The negotiations world was transformed by the passage of Legislative Bill 397 in 2011. It now moves quite a bit faster than it used to. We are writing to remind you of the new negotiations timelines and to give you a general sense of proceedings under the new law. If you have questions about LB 397 and negotiations, we urge you to consult with your school district's attorney or contact Kelley, Karen, Steve or Bobby.

Timelines for Recognition and Negotiations. Teacher associations were required to request recognition as bargaining agents for their members by September 1, 2012. Boards were supposed to have responded by October 1st and negotiations for the 2013-14 contract year were supposed to have begun by November 1st. The 100-day negotiating period will conclude on February 8th, a little more than 2 weeks from now.

Failure to Conclude Negotiations by February 8th. If the board and association have not reached agreement by February 8th, they must engage in fact finding and mediation with a “resolution officer” if one of them files a petition with the Commission of Industrial Relations requesting it. However, they are not required to engage in fact finding if both agree in writing to forego it. We recommend that you consult with your school district’s attorney before February 8th if it appears that you will not be able to settle negotiations.

Fact Finding Process. The fact finding process can be a complex endeavor compressed into a very short period of time. A “resolution officer” will be in charge of the fact finding process. Among other things, he or she will: 1. determine whether the issues are ready for adjudication; 2. identify the terms and conditions of employment that were in dispute and negotiated in good faith but not resolved; 3. choose the offer that he/she believes was the most reasonable final offer on each issue in dispute; and 4. issue a decision and recommendations by March 25th.

Time Flies. Time flies, especially at this time of the year. The board and association have slightly more than 6 weeks to assemble their records and data,

perform a comparability study (this is not required, but it is advisable), present the information and arguments, and give the resolution officer enough time to review it and issue a decision and recommendations.

Conclude Fact Finding by March 25th. The resolution officer must conclude the fact finding process and issue a decision and recommendations by March 25th or within 25 days after the certification of state aid for the contract year in question, whichever occurs later. If the parties have not come to agreement on or before the date for negotiations, mediation, or fact finding to conclude, either one may file a petition with the Commission within 14 days asking it to resolve the industrial dispute.

Commission of Industrial Relations Decision. The Commission will limit its consideration to those issues which the resolution officer determined that the parties negotiated in good faith but could not agree upon. It will decide the case based on its traditional criteria of comparability and prevalence, not the most reasonable final offer.

It must issue its decision for the 2013-14 contract year by September 15, 2013.

Open Enrollment Form. Your local association may present you with a form that asks the board to decide whether it wishes to participate in Open Enrollment with Educator's Health Alliance next year. There is no legal requirement that you negotiate over this issue, although EHA has determined that they will require schools to (1) hold a meeting with their local association to discuss open enrollment and (2) submit a form to EHA if schools would like the option of participating in open enrollment. For the vast majority of schools, there is no "wrong choice" here. If you would like to allow teachers who do not currently receive insurance through Educators Health Alliance to change their minds, you should allow open enrollment. If you do not want to allow that, you should choose not to allow open enrollment. In any event, teachers who experience a life-changing event such as the birth of a child, a divorce, the loss of insurance from a spouse's job and the like will still be able to elect to receive insurance after that "qualifying event." From a political perspective, it may be wise simply to ask the lead negotiator for the teachers' union how they would like the district to complete the form and comply with their wishes.

Insurance for Classified Staff. Unless your classified staff is unionized, the February 8th deadline does not affect any aspect of your employment of classified staff.

Likewise, the "Open Enrollment Form" applies only to employees who are represented by a local union. No matter how you answer the questions on the open enrollment form, you will be able to decide at a later date whether and in what amount you will offer health insurance to classified staff so long as they are not represented by a local union.

If you have questions, we recommend that you consult with your school district’s attorney or call Kelley, Karen, Steve or Bobby.

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