LICENSED BARGAINING MEETING
Mary Jo Husiman
Cal Fagan and Janet Dunham were absent for the association and Mike Brotherton was absent for the district.
James ñ Last time we met, we said we would look for articles to TA on and look at those articles we are close to agreeing on.Ý Brian ñ We were thinking along the same lines and we make packet of those articles that neither party had changes to so we can sign off on them tonight.
The districtís packet matched up with the associationís list and Denise Pratt and Kate Gillow-Wiles signed off on 2 copies of the following articles:
Article 2 ñ Negotiation of a Successor Agreement
Article 3 ñ District Functions
Article 5 ñ Compliance Between Individual Contract and Master Agreement
Article 16 ñ Maintenance of Classroom Control and Discipline
Article 17 ñ Personal and Academic Freedom
Article 18 ñ No Strike
Article 19 ñ Job Sharing
Article 22 ñ Assignments and Transfer
Article 24 ñ Dues and Payroll Deductions
Article 25 ñ Fair Share Agreement
Article 24 ñ Dues and Payroll Deductions
James ñ We are proposing to sign off on article 24 ñ Dues and Payroll Deductions, as we proposed at the last meeting.Ý Wanda ñ Are you thinking that we will sign off on it the way the association has written it?Ý James ñ Yes, unless you want to change the language.Ý Wanda ñ The unwritten policy now says that we need 8 participants, not 5.Ý We would be ok with the language if it is changed to reflect 8 and not 5.Ý Brian ñ What is the difference?Ý Wanda ñ It just creates more work for payroll and accounts payable.Ý Kathleen ñ How many plans do we have now?Ý Wanda ñ We have about 15.Ý Kathleen ñ Does Paula have to cut a check individually each month for each plan?Ý Wanda ñ Yes.Ý Brian ñ Once they are on the list, do they stay on the list?Ý Wanda ñ Yes; some on the list may have fewer than 8 participants now.Ý James ñ The first time we proposed to change the number to 3 participants, now we are asking for it to be 5; we think that is a compromise.Ý Brian ñ Have you ever had to turn people away?Ý Wanda ñ We have had companies call and ask to be placed on the list and we have told them that they need to get 8 participants in order to be added.Ý Patty ñ How about a percentage, like 5%?Ý Wanda ñ That would be 5 participants.Ý Kathleen ñ The problem with a percentage is that it would constantly be increasing and decreasing depending on the number of employees we had in a given year.Ý Patty ñ What about the classified staff, do they count as part of the 8 participants?Ý Wanda ñ They chose from the same list.Ý Brian ñ Would it be 8 total participants?Ý Wanda ñ I think it is 8 licensed participants.Ý Patty ñ Could you check on that?Ý Brian ñ We will check to see if it is 8 total, or 8 licensed and if it would make a difference in the workload for the business office.Ý Wanda ñ Are you comfortable with keeping the number at 8, or do you still want to change it to 5?Ý James ñ In order for us to make that decision, we would need to caucus.Ý Patty ñ I would like that information before making a decision.
Article 4 ñ Association Rights
Brian ñ Article 4 is on our list of those articles that we feel both parties are close on an agreement.Ý Mary Jo ñ It seems like both parties agreed on adding ìe-mail and computersî to section D.Ý We looked at the district policy and it looks fine to us.Ý Brian ñ You are ok with the language the district incorporated with your proposal?Ý Madeline ñ Yes.Ý However, the added sentence in A seems to change the current relationship with the district, and we donít want to do that.Ý It doesnít seem necessary.Ý Brian ñ Basically, we put that in there to memorialize what the law already says, which is ëany public records request, whether it is in the contract or not, can be charged for the amount that it would cost to produce such requestí.Ý We didnít want there to be confusion if it ever came up.Ý James, do you disagree?Ý James ñ I agree with the law, but I disagree with the concept.Ý I donít feel there is a need for it to be in the contract.Ý Kathleen ñ The intention isnít to charge the association for requests that the district currently provides; it is for something that the district normally doesnít provide.Ý Mary Jo ñ How would this affect the request for bargaining preparation stuff?Ý Brian ñ There will be no changes to current practice.Ý The law is broad in what the district has to provide.Ý Patty ñ What about in a grievance situation?Ý Brian ñ It depends on the request.Ý If you are asking us to review all personnel files and compile a list of all grievances on a certain subject; that is a project that could take a lot of time and the district could charge the association for the time involved.Ý Kathleen ñ This would be for requests that we donít have readily available.Ý Barb ñ This is news to me.Ý I think we feel more comfortable with the relationship that the district and association have now.Ý Brian ñ We can caucus on that.Ý James ñ What about saying that the district will provide information needed for bargaining and that if the project is large enough that the district would need to charge the association, the district would let the association know prior to completing the request and let the association know approximately how much it will cost?Ý Brian ñ I have no problem with giving the association notice, this is something we will talk about in caucus.Ý James ñ It is good to determine up front.Ý It could be a demand to bargain if the district refuses to provide the information.Ý Brian ñ That is why we are proposing to have it in the contract.
Article 6 ñ Grievance Procedures
Mary Jo ñ Could you please clarify what 2F means?Ý Brian ñ If the grievance was over a letter of reprimand, that letter would be in the personnel file, but the documents of the grievance (the letter from the association informing the district of the grievance, etc.) would be held in another file.Ý Mary Jo ñ It seems like this article already says that.Ý Brian ñ Could you clarify that?Ý Kathleen ñ The next section does cover that.Ý Brian ñ This is just another clarification point.Ý Mary Jo ñ Could you please clarify Section 3.E.4?Ý Brian ñ This is common language to have in a contract.Ý It just means that the arbitrator cannot change the terms of this agreement; that is what these meetings are for.Ý The arbitrator cannot add or delete language from this contract, they can interpret what it means, but they cannot change it.Ý Mary Jo ñ Isnít that what the arbitrator already does?Ý Brian ñ There is no law specifying what an arbitrator can or cannot do.Ý Patty ñ What about the first part of the addition?Ý Brian ñ That is just stating that the arbitrator doesnít have the authority to substitute his/her judgment for that of the districts.Ý Patty ñ So a decision the district has made cannot be overturn?Ý Brian ñ I can see how you could interpret it that way, but that is not what we meant.Ý Patty ñ Article 3 is part of this agreement and it says the same thing, so canít we just scrap the first part of this?Ý Brian ñ We will talk about that in caucus. James ñ Item 6 was deleted.Ý One thing to consider is that any additional witnesses may be added to the lists.Ý Brian ñ Both of us could have been in violation of this during the last arbitration.Ý If we arenít going to use it, it shouldnít be in the contract.Ý Up until the arbitration we still may not know who the witnesses are.Ý Patty ñ How about, ìboth parties will make an effortî?Ý Kathleen ñ What about ìon requestî?Ý Brian ñ If it is, ìupon request a preliminary list would be givenî I would be comfortable with that.Ý James ñ We had questions on 2B & C as well.Ý Patty ñ We are ok removing the first sentence, but not the last one.Ý Brian ñ Before, the definition of days was ìschool work-daysî; now the definition is ìdistrict business daysî.Ý Because of this change, this sentence is not necessary.Ý Patty ñ Yes, but this allows for flexibility.Ý Galen ñ During the school year all parties are here, that is not always the case in the summer.Ý Brian ñ You have 15 days to file a grievance, whether that is in February or the last working day in June, you still have 15 days to file it.Ý Patty ñ Is there a way to work the concept of the end of the school year into A?Ý Brian ñ The timeline could be extended with the consent of both parties to accommodate summer vacation schedules.Ý The person doesnít have to be there, just a representative.Ý Why would we have timelines if one party could extend them without the consent of the other?Ý It is each partyís option to adhere to the timelines or not.Ý If one person is not available, get someone else to fill in.Ý Patty ñ I would like to work that sentence into A.Ý Brian ñ We can work it into the section, but I am uncomfortable with the verbiage ìwillî.Ý Patty ñ That is what it says in B.Ý Brian ñ That is why we are proposing to eliminate it.Ý James ñ We want to keep it.Ý Kathleen ñ I understand the concerns you have expressed and we will discuss it in caucus.Ý Darbi ñ In 2C, the district added ìassociation representativeî and we would like to add ìassociation representative or attorneyî.Ý Brian ñ Is that a personal attorney or an association attorney?Ý Darbi ñ Personal.Ý Brian ñ We will talk about that in caucus.Ý A personal attorney still may not be familiar with public education or grievance procedures.Ý James ñ Refer to 10E ñ I am just wanting to make things consistent.Ý I donít want to deny an employee the right to pursue a grievance on their own if the association doesnít want to pursue it.Ý Brian ñ If someone brought in a private attorney regarding preparation time and we cut a check for them to make up for the preparation time lost if they dropped the grievance, I donít think that would be something the association would want.Ý The association and the district are the ones who resolve contractual disputes.Ý We would still want to keep our language.Ý Darbi ñ in 2H, we think that J takes care of striking ëstudentsí in H.Ý Kathleen ñ A limited number of parties have access to students during the school day.Ý Brian ñ You canít make a student speak with you, having this language implies that the student has to speak with someone.Ý Patty ñ What if the representative needs to speak with a student, is there some way to provide that contact information?Ý Brian ñ Yes, that is considered directory information.Ý To summarize, any time a student is needed to be questioned at school, it must be consistent with district policy.Ý Patty ñ Are you willing to leave it in as long as it says that any contact with students must be in accordance with district policy?Ý Brian ñ Yes.Ý James ñ 2C ñ Add ìany legal counsel approved by the associationî?Ý Brian ñ I am ok with that.Ý Patty ñ Do you have any questions with our proposals?Ý Brian ñ No, they are included in ours.
Article 13 ñ Leaves of Absences ñ General
Brian ñ We withdrew our proposal of adding D.Ý We would still like to change March 31 to March 1.Ý Patty ñ We agree with that.Ý Brian ñ In D, we agree to change the ORS, but not to adding the language.Ý The district can incorporate sick leave in OFLA/FMLA.Ý Kathleen ñ We have to be consistent with our process.Ý Brian ñ We donít want an employee to take their accumulated sick leave and then implement OFLA/FMLA when their sick leave is exhausted.Ý That would be taking advantage of the district.Ý James ñ Can there be some area where the district and employee agree when to implement it?Ý Kathleen ñ It is implemented when the district is notified of the serious medical condition.Ý If an employee needs to take more time off, there is an article in the contract that allows the employee to request more time off from the board.Ý Patty ñ I didnít access OFLA/FMLA when I was out for a few months.Ý For the next meeting, can we have a timeline of how OFLA/FMLA works?Ý Kathleen ñ Yes.Ý Janet and I have worked closely on this issue recently.
Patty ñ At the last meeting you proposed moving 27D to article 13.Ý Brian ñ Youíre right.Ý Patty ñ We are proposing to leave it where it is at.Ý It just seems to fit more into ësalaryí.Ý Brian ñ That is fine to leave it where it is at.
Caucus at Ý Returned at
Patty asked to look at calendars for the next few meetings.Ý The following meeting dates and times were agreed upon:
May 31 ñ
Brian handed out the districtís counter proposal on Article 6 ñ Grievance Procedures.
Brian ñ No changes to page 1.Ý We would still like to delete section B, but would like to add ìfor example, during summer breakî in section A.Ý Section C, add ìand/or Association designated legal counselî.Ý We removed our proposal in section F.Ý We reinserted ìstudentsî in section H and added ìThe building administrator will ensure that any such request will comply with District policy.îÝ Section III A1, we added ìand/or Association designated legal counselî.Ý We added your #3 language proposal.Ý On the last page, #4, we struck ìmay not substitute his or her judgment for that of the District, andî.Ý We added section 6 back with the addition, ìUpon request, a preliminary listî.
The changes were agreed upon by each party.Ý Brian ñ Next time we will bring a copy of the new article for signatures.Ý Brian will email James a copy of the TAíd article 6.
Article 4 ñ Association Rights
Brian ñ We are still proposing our addition, but added another sentence, ìThe District will provide prior notice to the Association if the District intends to impose such a charge.î
James ñ How about saying that the association shall not be charged for normal copying.Ý Brian ñ My only problem would be getting into arguments about what ìnormalî charges are.Ý James ñ We have a problem with the way it is written.Ý Brian ñ We can go with no changes and the district can just apply the law.Ý James ñ What about deleting the first sentence and just going with the second with the addition of ìfor compilation and copying of information.î?Ý Brian ñ Ok.
Denise Pratt and Kate Gillow-Wiles signed off on the revised article 4 ñ Association Rights
Brian passed out the 05-06
calendar comparison spreadsheet that shows all of the Lane County School
Districtsí 05-06 calendar information and informed the association that it was
going to be given to the board on Monday night because we are beginning the
process of creating the calendar for next year.Ý
Kathleen informed the association that she included JCEAís calendar
The next meeting will be on May 4, 2005 at 6:00 p.m. at the District Office.Ý The meetings are open to the public, and minutes will be posted on the district website at www.junctioncity.k12.or.us.Ý (Just click on Board Info, and then click on Meeting Minutes Archives; there will be a link for Licensed Negotiation Minutes.)