REA Bargaining Session Update: October 9, 2017

The tenth bargaining session between Reynolds Education Association (REA) and Reynolds School District (RSD) was held on October 9, 2017 in the library at Woodland Elementary School from 4:00 p.m. until 8:00 p.m. Proposals were exchanged as follows:

Reynolds School District offered four proposals as follows:

Article 5 – Employee Rights

There remain only a few areas remaining where we have not reached agreement. Those are highlighted here:

The District did not adopt REA’s proposed language regarding complaints being placed in member’s personnel files including the signature of the complainant and the unit member’s right to attach a written response to the complaint. The District does not place copies of complaints in personnel files so is recommending language instead indicating that if any negative evaluation or disciplinary action occurs as a result of a complaint then the unit member shall have the right to attach a response to the discipline.
The District continues to propose when there are workplace and environmental safety issues in buildings, written updates will come from the Building Administrator rather than from the Deputy CEO or the Superintendent’s designee for Operations as has been proposed by REA. The District has agreed to provide updates to all unit members at the affected worksite rather than just to the Site Safety Committee as was last proposed.

Article 18 – Student Discipline

The District presented its prior proposal from September 11th. The District has the following concerns about the language presented in REA’s last proposal:

While the District is supportive of creating a form on which to capture student discipline incidents and to formulate written behavior support plans and entering that information into the student database (currently Synergy) accessible to unit members who are assigned to the student, it does not feel the form belongs in the collective bargaining agreement.
The District also has concerns about language supporting the removal of students from class and giving members unilateral rights to prohibit the return of students to class. REA’s last proposed language indicates that disruptions which include physical contact (assault) upon a unit member, result in the removal of a student from the member’s responsibility until an investigation can be completed by the administration. If it is confirmed that the contact did occur and the unit member recommends it, then the student shall not be returned to the responsibility of the unit member. This would also apply to students, who in the judgment of the building administrator, have engaged in singular acts of significant physical aggression or intimidation.

This language, as proposed, may be contrary to current law.The District has an obligation to serve all students.

The District would be amenable to considering an MOU related to restorative practices but doesn’t feel that it would be appropriate to add this language, as proposed, to the collective bargaining agreement.

Article 23 – Fringe Benefits

The District offered a placeholder proposal for this article that returns to current contract language and eliminates its original proposal for all members to move to the high deductible insurance plan. This proposal maintains the $1300 per month district CAP for the duration of the contract but the District acknowledged that members have made their plan selections for 2017-18 under the provisions of the current contract and that there is more work to do on this article.

The District’s proposal for Article 26 – Student Services and Special Education was tentatively agreed to later in the evening – see Tentative Agreements below.

REA offered three counter proposals as follows:

Article 7 – Employee Work Year

Continue to propose a Change to B. Distribution of Contract language as follows:

1. Pupil Instruction Days increases from 172 to 174

2. The addition of 1 conference prep day (K-12)

3. 4 staff development days remain the same and specifies that should the District schedules a second set of conferences, then one of these days shall be designated as a conference preparation day.

4. 1 midyear planning day remains the same

5. 1 fall pre-instructional work day remains the same

6. 1 summer post-instructional day remains the same

7. 4 pupil evaluation and/or course development days remains the same.

Early Release/Late Arrival – REA counter proposed that unit members shall have 1 late start per month to direct collaborative activities, planning, or preparation of curriculum/lessons specifically tied to the staff development for application and implementation. In months where there are 5 late start Mondays, the 5th Monday will be used for individual planning time.

(To date, the District has not been agreeable late start time being member directed as the School Board approved these days with the caveat that they would be directed by the District).

Both groups agree this should be collaborative time used effectively.

Article 9 – Teaching Hours

REA continues to maintain current contract language allowing members to work 7 ½ hours on Fridays but in conjunction with an increase of prep time at the elementary level of 30 minutes per week.
REA redacted its prior proposal to limit staff meetings to no more than two hours per month as they did not agree with the District’s proposal that the limitation be in effect only for the months of October through June or the District’s proposed language specifying what is considered a staff meeting (defined as meetings held for the purpose of discussing general school/District business as opposed to meetings such as professional development/training, early release/late start time, in-service days, department meetings, and committee meetings). In addition, the District had proposed that time allocated for Association business not be included in the two-hour limitation and that exceptions to the limit shall be made in the event of emergency circumstances.
REA agreed to The District’s proposal to eliminate the language regarding block courses at the high school level.

REA’s proposal for Article 14 – Paid Leaves of Absence was tentatively agreed to later in the evening – see Tentative Agreements below.

Following a caucus, The District presented a counter proposal as follows:

Article 9 – Teaching Hours

The District agreed to keep current contract language allowing members to work 7 ½ hours on Fridays but also removed the language increasing prep time at the elementary level by 30 minutes per week.
Eliminate the language regarding block courses at the high school level.
Remainder of the proposal is current contract language.

REA present a counter proposal as follows:

Article 5 – Employee Rights

Changes to the prior proposal are:

REA added language in J. Complaints 2. d. that the administrator will encourage the complainant to sign the statement of validity for verification.
REA added language in J. Complaints. 2. e. that the unit member shall have the right to attach a written response to the complaint.
REA changed the language in M. Workplace and Environmental Safety to read that Updates “shall be provided” rather than updates “shall be made available” during the course of the investigation as available via the Building Administrator as received from Facilities staff.

Following another brief caucus, The District presented a counter proposal as follows:

Article 5 – Employee Rights

Changes from the evening’s earlier proposal are:

The District accepted the proposed language in J. Complaints that the administrator will encourage the complainant to sign the complaint.
The District changed the language in J. Complaints, 2. Formal Process f. to read that the unit member shall have the right to attach a written response to any “document” rather than to any “discipline” that is placed in the personnel file as a result of a complaint.
The District agreed to REA’s proposed language in M. Workplace and Environmental Safety to read that Updates “shall be provided” rather than updates “shall be made available” during the course of the investigation as available via the Building Administrator as received from Facilities staff.
Remaining language was as per the evening’s prior proposal.

Two Tentative Agreements were reached at this session as follows:

Article 14 – Paid Leaves of Absence

The major language additions include:

Unit members need not divulge the nature of their personal business when requesting personal leave.
Unit members may roll over one day of unused personal leave into the next school year.
Language changes to document compliance with the new Oregon Sick Time Law.
Expansion of the allowable reasons for requesting leave from the Sick Leave Bank to include the serious health condition of a unit member’s child with a limit for this use to no more than 45 days in any 12-month period.
Update Bereavement language to be in compliance with new OFLA law.

Article 26 – Student Services and Special Education

The major language additions include:

E. Special Education District Support and Compensation:

Those being compensated with the 2.2% stipend are not prevented from untilizing the Special Consideration Compensation process as set forth in Appendix C.
Manifestation determinations and/or eligibility determinations have been added as reasons for staff who do not qualify for the 2.2% stipend to be compensated at their hourly rate for time beyond their work day.

F. Student Services Structure Committee

Committee members may solicit input from various parents and/or student groups which could be impacted by the decisions of the committee.
The committee’s responsibilities may include review of building placements of self-contained programs.
The District or the Association may call for additional meetings of this committee as deemed necessary.

Next Bargaining Session:

October 26, 2017 from 4:00 p.m. to 8:00 p.m. in the Woodland Elementary School Library.

Future Bargaining Calendar:
November 15, 2017 from X to X at the Oregon Education Association office in Gresham.