Better Bargaining

While every contract and negotiations session is different there are at least three basic elements that should be included in each contract to make sure each teacher and support staff are represented in a fair way. The following should be included/and or never removed as language in all contracts:

1) Just Cause

Just Cause is defi ned as a reasonable and lawful ground for discipline or dismissal. Just Cause language protects an employee from unfair or arbitrary treatment in the workplace. Typically, an employer must prove an employee was in the wrong, violating a policy or rule, etc., before any discipline or termination. Sample contract language: No employee shall be disciplined or deprived of any professional advantage without just cause. No teacher on a continuing contract shall be non-renewed without just cause. (Nonrenewal applies to teacher contracts only.)

2) Appropriate Health Insurance Language

The MEABT offers members the best health insurance coverage for the price which is why the MEA recommends you have a direct reference to the MEABT as the health insurance carrier in the contract so that no changes to health insurance coverage can be made without the Association agreeing to the change. In addition, the contract should specifi cally mention the MEABT plans that can be offered to employees and to the percentage of the coverage the district pays toward the named plans in the contract. It is not good enough to simply have language that states employees will be covered under a major medical plan because that leaves the door open for the district to change plans during the term of the agreement which could increase costs to employees, reduce benefi ts or both. The MEABT is able to provide costeffective, quality coverage because of the size of the pool insured—the MEABT is Anthem’s largest client on the east coast. The size of the pool (the number of people who have MEABT for insurance) offers stability in the cost of coverage and better negotiating power for the MEABT when it discusses costs with Anthem. Think of it this way—if you buy a jar of mayo at a warehouse club you get a better price per unit because of the sheer size; the same is true for the cost of the insurance coverage. Sample contract language: Employees may choose from the MEABT Standard Plan or Choice Plus plans. The Board shall pay 100% of single coverage or 88% of eligible dependent coverage for the Choice Plus plan. The employee shall pay the diff erence in premium between the Choice Plus plan and the Standard plan.

3) Grievance process that ends in binding arbitration

If a local association or member identifi es that the contract between the parties has been violated the local or member has the right to fi le a grievance. A grievance is a process by which a contract violation is raised to the attention of the administration. It is the hope a resolution will be reached in the grievance process that will be acceptable to both parties. If that does not occur, the parties have a right to submit the case to arbitration where a neutral party will reach a binding decision regarding the alleged violation. Sample contract language: In the event a grievance is not satisfactorily resolved during the grievance process, the Association will serve written notice on the employer moving the matter to arbitration. The parties shall confer within ten (10) days to select an arbitrator deemed to be competent, experienced, and impartial. Should the parties be unable to agree upon an arbitrator, the grievance will be immediately referred to the American Arbitration Association for resolution by a single arbitrator in accordance with the procedures, rules and regulations of that Association. The arbitrator's decision as to whether there has ? Want or need more help with your negotiating? Attend one of the two upcoming trainings been a violation of this Agreement shall be fi nal and for negotiators and local binding on the Board, the Association and any and leaders. See page 29 for more all aff ected employees. information.