REA Bargaining Session Update: February 20, 2020

REA 2020 Negotiations - Initial Proposal Exchange

Minutes

Date:   02/20/2020
Time:    4:30 pm – 7:30 pm
Location: Woodland Elementary School
Facilitators:   Brian Hungerford – Attorney, Hungerford Law Firm - Reynolds / M. Bruce Nasser-Marsh – Member/Chair - REA
 
Agenda: 
  • Introductions
  • Ground rules agreed on
  • Proposal exchange
  • Articles to be discussed at next session
Introductions:
 REA Bargaining Team:
  • M. Bruce Nasser-Marsh, REA Member & Chair
  • Joyce Rosenau, 2nd Chair
  • Molly Frye, Member
  • Jason Larson, Member
  • Brian Jay, Member
  • Eve Thompson, Alternate
District Bargaining Team:
  • Brian Hungerford, Attorney, Hungerford Law Firm
  • Dr. Danna Diaz, Superintendent 
  • Dr. Nicole MacTavish, Chief Academic Officer
  • Lisa McDonald, Principal
  • Adam Swientek, Assistant Principal
  • Gerardo Ibarra Elola, Assistant Principal
  • Valerie Tewksbury, Reynolds School Board Vice Chair
  • Jack McLaughlin (for Rob Neu), PCG Interim Director Human Capital Management
Proposals:
Brian Hungerford clarified the process. The Association will walk through the initial proposals. There wouldn’t be substantive conversation but if there are clarifying questions, they can be answered or can talk about intent. A break will be taken after the Association presents.
Dr. Diaz will be an active member of the negotiation team and will be an active member by listening. She would like to hear the stories so she can work with the team. 
 
REA Proposal:
  • Article 4E – changed to the JANUS MOU.
  • Article 4F - added language to give the Association access to their members throughout the year.
  • Article 4K – changed release time to 50 days.
  • Article 5 pg 13 – added in response to state law regarding sexual misconduct complaints against members. The complaints will be investigated solely by TSPC instead of the District.
  • Article 5 pg 14 – added electronically notified since that’s what happens in practice.
  • Article 7A – asking to increase work year by two days from 186 to 188.
  • Article 7B – change to two conference prep days and three staff development days. Also add a pre-instructional workday for fall setup of classrooms and plan curriculum. The same thing at the end of the year, add one post-instructional day to pack up rooms and be proactive to be ready for the next year.
  • Article 7E – change from one per quarter to two per month for member-led work.
  • Article 9B – add five minutes prior to prep time and five minutes after for Elementary Counselors, Specialists and K-5. Allows for transition time.
  • Article 18A – change classroom to RSD school district educational experience so it also covers students when they’re on the playground, in the cafeteria or on the bus, etc.
  • Article 18B1 – change his/her to their to be more inclusive and added language to not have communication be done in front of the students.
  • Article 18B2 – clarification since sometimes the 48 hours doesn’t happen if the incident occurs late in the day.
  • Article 18B3 – We had talked about having a designated location but now want it determined prior to the academic year and communicated to all members so everyone is clear where it is and there is such a thing.
  • Article 18B4 – change wording so language includes other staff like counselors or someone on the support team.
  • Article 18C1a – makes electronic place to access form and create an alert so staff members that work with the student are aware in order keep the staff member and the student safe. Would also be open to revising form in Appendix D to make it easier and better for people.
  • Article 18Cb – clarifying language so everyone is aware of their role and responsibility.
  • Article 182 – the committee should develop the report for the school board. The Union feels the report isn’t as clear or as deeply developed as they thought it would be.
  • Article 18D – want time given to staff members prior to the start of the school year to review the District Code of Conduct and for each building to have a staff handbook prior to the start of the year or when they’re hired. Also added language on what should be in the staff handbook.
  • Article 18E – would like an update on in-services and/or trainings that were provided be given to the School Board bi-annually to make sure they’re happening.
  • Article 18F – adds language to specify what the committee reports should include.
  • Article 18G – adds Appendix E that details the plan on how Restorative Practices will be implemented that includes pilot schools and training.
  • Article 19 – Appendix F – these are the guidelines that were worked out with the HCM Director and is current practice so members have access and know how it will be improved and when it will be improved.
  • Article 19A – added broader and more inclusive language on the purpose.
  • Article 19A1 – added additional language about courses or programs that improve skills and knowledge. It’s also imbedded in Appendix F.
  • Article 19A2 – change wording from may to shall.
  • Article 195b – added new language for unit members to get an itemization of the tuition dollars used and remaining. Would like it accessible in iVisions and updated regularly.
  • Article 19B – want the status of eligibility and timelines for payment of any request for payment of tuition or workshop costs before the class/workshop starts. Sometimes members have started or completed the coursework and months have gone by and they still don’t know the status of their request.
  • Article 19C – give members the option of donating the voucher and receiving 75% of the value towards professional development activities. There was a question on who receives the vouchers, the district or the member.
  • Article 21 – replace wording with JANUS MOU. The District and the Association have already vetted the language.
  • Article 22A – July 1, 2020 increase by 12%, July 1, 2021 increase by 8%, July 1, 2022 increase by 6%.
  • Article 22B – added credit above 12 years. This is a result of issues for our CTE hires and their experience and because they’re judged in a different format and have different requirements.
  • Article 22C – change unit to reflect two extra days.
  • Article 22D – there’s been many different kinds of pay and it’s very confusing so want to change so members receive payment at their per diem rate.
  • Article 22H – many time buildings are left with an unidentified person in charge. Sometimes the Administrator is able to get another Administrator to cover for them but sometimes they have a designated member in the building to cover so that person is doing not only their job but also the job of the Administrator. Sometimes they get a sub, but the member still needs to prepare the sub lessons, supervise and monitor their class and deal with any emergencies or situations that come up. Proposing they receive 1.5% of their hourly rate for the time that are assigned that responsibility.
  • Article 22I4 – replace language with CTE MOU.
  • Article 22O – new language for compensation for members where class size exceeds the guidelines. Beyond a 10% excess – 1% of salary, exceeded by 20% or more – an education assistant at the request of the member, exceeded by 30% or more – a new class or caseload position will be formed.
  • Article 22P – new language for members with a minimum of five years district service who serve as mentor for a new member. Shall receive a one-year stipend of 5% of starting base salary.
  • Article 23 – placeholder for results of legislation and confirmation of insurance rates
  • Article 26A – change wording for intervention and restraint training. Add new language for defining ELD.
  • Article 26C – add wording to discuss and consider factor and adding more definition of the work of the Student Services Committee. Also change language for placement of multiple students.
  • Article 26D2 – change language for training of unit members.
  • Article 26D3 – change language for plans of support and timeline for communication.
  • Article 26E – change stipend amount from 2.2% to 3% which equates to an increase from four to five and one half days per year. This is for the extra federal paperwork necessary.
  • Article 26E1 – clarification of process for requesting a sub.
  • Article 26E2 – clarification of process for submitting extra time.
  • Article 26G – moved from Article 27
  • Article 26H – new language - protocols and frequency of meetings for committees
  • Article 27 – renames article
  • Article 27A – strike asterisk – refers to source
  • Article 27A1 – new language – research based – in some areas we’re pretty close but counselors, social workers and school psychologists are currently off the most.
  • Article 27C – additional language if guidelines are exceeded by 10%.
  • Article 27D – moved to Article 26.
  • Article 28B – specifies compensation is per Article 22, Section P.
  • Article 30 – 3-year duration.
 
District Proposal:
  • Article 1C - add subs. What about in-house subs? We may need to make that distinction.
  • Article 3A – for modifications to the contract, will post on the website to match Article 2.
  • Article 3G – change to specify daily instead of regularly.
  • Article 3H – outdated legislation.
  • Article 4H – our preference is weekly.
  • Article 5D1 – add wording about consistency.
  • Article 5D2 – remove - have a comprehensive job description so not necessary.
  • Article 5E – change wording from permanent to contract, add other end of employment scenarios.
  • Article 5H3b – add language option to extend timeline if mutually agreed.
  • Article 5H4 – change name - want to make less formal to plan of awareness. Don’t believe someone shouldn’t hear about performance problems until they’re being placed on a Plan of Assistance.
  • Article 5H5ai – current wording sounds like someone has been formally and precludes a mid-year Plan of Assistance. It doesn’t seem wise to wait until the end of the year to move things along in the process.
  • Article 5H5cii – not sure why that language is there since there are other options.
  • Article 5I1 – want the representative to be a member of the Association.
  • Article 5J1 – change wording to may since face to face may not be the best option.
  • Article 5J2 – allows some leeway based on the complaint.
  • Article 5J3aiii – that doesn’t work for a Title IX complaint. The district is bound by law to conduct an investigation.
  • Article 5L – the district doesn’t have the power to issue a search warrant. Adding language for another exception.
  • Article 5M – add electronic language.
  • Article 7A – a placeholder of sorts. SIA funds may be used to extend the year if that’s how they’re designated.
  • Article 7B – language in case the work year is extended.
  • Article 7C – change from a two-tiered system; first for a couple dates, then for more detail. Suggest March 1 for submittal to the Association.
  • Article 8A – defines emergency conditions.
  • Article 8D – goal is to maximize student instructional time. Current language limits how and when district can make up closure days, gives flexibility.
  • Article 9A – propose 8-hour work day on Friday to hold things like IEP meetings.
  • Article 9A3 – says meeting but want administrator approval.
  • Article 9A4 – not sure of the purpose.
  • Article 9B2 – delete continuous, defined on the next page, duplicative. Five hours is for a full 5-day week. If not, it’s pro-rated. Remove block schedule language. If district goes to block schedule and it resulted in additional student instructional time, the district would have the obligation to notify the union and bargain on demand.
  • Article 9B3 – change wording from intermediate to elementary.
  • Article 9A4 – extra duty sounds like coaching so remove wording.
  • Article 11C – wording not necessary.
  • Article 11F – language not necessary.
  • Article 11H – change heading to include all topics.
  • Article 11H2a – add language to clarify.
  • Article 12H – if not a contract grievance, we believe it goes through Board Policy K-L.
  • Article 13B – we don’t think this is being utilized. Sound cumbersome and inefficient.
  • Article 15A – change wording from permanent to contract.
  • Article 18C1c – Dr. Ortiz will be guest speaker when this article is discussed. Once referral form is in place, will replace Appendix D.
  • Article 18C1d – added additional response.
  • Article 18C2 – we see Synergy as the place where incident data will reside.
  • Article 18D1 – change in terminology. Add timelines for reviewing policies, procedures and plans.
  • Article 18D2 – contemplate the creation of School Climate Teams.
  • Article 18F – name change to committee and detail of the charge of the committee.
  • Article 18G – language is outdated. Don’t want negotiations to take the place of the workgroup.
  • Article 19A – if there’s short notice, there isn’t time to pay it back so have to take it from their final paycheck.
  • Article 20A – language is unclear. There should be no work stoppages while we have a contract.
  • Article 21H – eliminate. Will look at JANUS MOU.
  • Article 22A – our key focus is staffing - we’ve added 29 licensed FTE and we want to maintain that FTE. Also looking at class loads. 1% Jan. 2021, 1% July 2021, 2% July 2022. We’ll look at other districts.
  • Article 22B – eliminate 12-year cap. Equal Pay Act – there are eight reasons to differentiate pay. Hard to fill isn’t one of them. For CTE, the district needs discretion on determining industry credit.
  • Article 22C – references work year change
  • Article 23A – insurance rates come out in May. Rates were capped at 3.7% across all plans. We would still not have out of pocket costs for monthly insurance premiums.
  • Article 23B3 – eliminate allocation for supplemental plans and moving that money to the insurance pool to keep zero out of pocket costs.
  • Article 23C – increased life insurance and AD&D to $150,000. Need to see if that’s legal.
  • Article 23D – language is outdated.
  • Article 25E – change levy failure to shortfall. Language outdated.
  • Article 26A – change wording from OIS.
  • Article 26F – we think there are other mechanisms. Don’t think the current committee structure is efficient and effective and there are better ways to get things done.
  • Article 27D – same as the other committee.
  • Signature page – replace Joe Teeny with Yesenia Delgado, Board Chair.
  • Appendix C – teacher paragraph in the middle has lost its formatting. Will get the original.
 
Articles to be Discussed at Next Session:
REA – 1, 3, 5, 7, 9
District – 4, 26
Mutually unopened – 2, 6, 10, 16, 17
 
Other Business:
Brian Hungerford confirmed the audio recording will be emailed to Bruce Nasser-Marsh and Bruce asked that Catherine Alexander be copied. Bruce asked about the list of District team members which lists Rob Neu, but Jack McLaughlin is in attendance tonight.  Dr. Diaz said it will be Rob Neu and Jack McLaughlin was temporarily filling in. Both parties will send electronic copies of their proposal to the other team.
 
Next Meeting:
Thursday, March 5, 2020 |4:30 pm – 8:00 pm, Woodland Elementary Library 
 
Adjournment:
7:20 pm