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+ Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College Richard Mahon – Riverswide CC Paul Setziol – De Anza College Joanne Waddell – LA Valley College ASCCC Fall 2010 Plenary - Anaheim

+ Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

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Page 1: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

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Good Fences Make Good Neighbors:Senate-Union Relations

(apologies to Robert Frost)

Kevin Bontenbal - Cuesta College

Don Gauthier – LA Valley College

Richard Mahon – Riverswide CC

Paul Setziol – De Anza College

Joanne Waddell – LA Valley College

ASCCC Fall 2010 Plenary - Anaheim

Page 2: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations

Effective faculty leadership depends in part on knowing who is responsible for what, and no relationship requires more careful attention than the relationship between the academic senates and bargaining agents. The senate is responsible for “academic and professional matters and the bargaining agent is responsible for salary and working conditions. The relationship is complicated by the fact that several issues involve the authority of both groups. Come learn how local senates can support the effectiveness of both groups.

ASCCC Fall 2010 Plenary - Anaheim

Page 3: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations Resources for Senate/Bargaining Unit Relations 17.04 Spring 2009

Whereas, [our] paper Developing A Model for Effective Senate/Union Relations (1996) lays the groundwork for defining the roles for the senate and bargaining unit, outlines areas where authority of the two organizations overlap, and provides suggestions for effective communication between the organizations; and

Whereas, The recently completed legal assistance survey that addressed senate and bargaining unit oversight of key issues indicates that very few senates have memoranda of understanding (MOUs) with their bargaining units, and senate/bargaining unit issue oversight covers a wide variety of positive, neutral, and negative outcomes for faculty;

Resolved, That [we] join with leaders of collective bargaining groups for California community college faculty to create a new paper that provides updates for delineation of functions, strategies for communication in good and bad times, and other important elements for overall well-being of faculty; and

Resolved, That [we] develop technical assistance for resolving local senate/bargaining unit issues that involves both senate and bargaining unit leaders.

ASCCC Fall 2010 Plenary - Anaheim

Page 4: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations

A bit of history and law

The Educational Employment Relations (Rodda) Act (1975)

AB 1725 (Vasconcellos), 1988

CCC Unions in California:AFT/CFTCCCICTA/CCA

ASCCC Fall 2010 Plenary - Anaheim

Page 5: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations

The boundary gets fuzzy… Ed Code prescribes…

Section 70902 (B)(7) Governing Boards; Delegation” “The governing board of each district shall establish procedures to ensure … the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.”

Section 87359 (B) “Waiver of Minimum Qualifications; Equivalency: “The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senates.”

Section 87360 (B) Hiring Criteria: “Hiring criteria, policies, and procedures for new faculty members shall be developed and agreed upon jointly by the representatives of the governing board and the academic senates.”

Section 87458 (A) Administrative Retreat Rights “The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senates.”

ASCCC Fall 2010 Plenary - Anaheim

Page 6: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations

The boundary gets fuzzy…

Section 87610.1(A) Tenure Evaluation Procedures: “The faculty’s exclusive representative shall consult with the academic senates prior to engaging in collective bargaining regarding those procedures.”

Section 87663 (F) Evaluation Procedures: “The faculty’s exclusive representative shall consult with the academic senates prior to engaging in collective bargaining regarding those procedures.

Section 87743.2 Faculty Service Areas: “The exclusive representative shall consult with the academic senates in developing its proposals with regards to faculty service areas.”

ASCCC Fall 2010 Plenary - Anaheim

Page 7: + Good Fences Make Good Neighbors: Senate-Union Relations (apologies to Robert Frost) Kevin Bontenbal - Cuesta College Don Gauthier – LA Valley College

+Good Fences Make Good Neighbors:Senate-Union Relations

Developing A Model for Effective Senate/Union Relations (1996): http://www.asccc.org/node/174901

ASCCC/CCLS Scenarios (1995?): http://www.asccc.org/node/174911

In what areas would colleges benefit from scenarios developed

by the Academic Senate and Bargaining Agents?

ASCCC Fall 2010 Plenary - Anaheim