2014 MNA Academy By: Robert T. Schindler Lusk & Albertson,
PLC (248) 988-5696 [email protected] Twitter:
@LuskAlbertson Download this presentation at
www.LuskAlbertson.com/MNAAcademy2014 Slide 2 Slide 3 The Union What
are unions trying to achieve? Increase wages and fringe benefits
Clarify and reduce duties and work hours Protect those currently
working in bargaining unit Limit, or gain input, into managements
decision making process as it relates to the bargaining unit
Maintain and grow membership What is the unions role? Address
divergent pressures from rank and file Gain influence for state
organization and use it to steer legislation Rally the troops Slide
4 Management What is management trying to achieve? Hold down or
reduce costs Improve work product Increase flexibility of
operations and ability to use unilateral discretion in
decision-making Ability to maintain or grow itself and the
operation as it sees fit Who is included in management? Board of
Education Superintendent Executive Administrators including HR
executive and/or Chief Bargainer Slide 5 Management Roles of
management: Board of Education Establish mission, goals, policies,
procedures, and parameters under which to operate the District
Superintendent Carry out the Districts mission and goals Deal with
community politics Supervise staff (especially executive staff)
Resolve conflict Executive Administrators Help develop issues,
carry out the Districts mission, and support management team Slide
6 Management Roles of management Chief Negotiator Lead negotiating
team (at and away from the table) Represent the Board of Education
Prepare proposals Keep Superintendent, Board of Education, and
other necessary parties informed of progress Recommend contract
terms, settlements, and agreements to the Board of Education Slide
7 The Training Stage Pre-Negotiation Prep Slide 8 Evaluate existing
contract, policies, and procedures Review finances Look over
grievances and arbitration decisions Review recent court decisions
or changes in statutes (NOW MORE THAN EVER!) Analyze internal and
external data on salaries, benefits, etc. Review previous proposals
or bargaining processes Maintain and review file on problematic CBA
provisions Slide 9 Round 1 Opening Presentations of Proposals Slide
10 Round 1 Opening Presentation of Proposals Ground Rules Need not
agree to ground rules, but if agreed to, they must be followed
Exchange necessary information, initial proposals, and rationales
(discuss necessary goals) Posturing sizing each other up Slide 11
Middle Phase Parties look for areas of agreement Areas of
disagreement/priority become apparent Pre-Crisis (Deadline) Stage:
Economics Take Priority Management position becomes firmer on no
Union initiates pressure tactics. Parties begin to come toward
center Sidebars become more prevalent and informal proposals
introduced Slide 12 Final Rounds Tentative Agreement or Impasse
Impasse breaking tools mediation and fact finding Work to rule may
occur Strike a possibility (although illegal) Slide 13 Traditional
Adversarial in nature Quid pro quo Pressure tactics Use of time
crunch Chief negotiator and bargaining team roles Use of caucuses
Collaborative Interest-Based (integrative bargaining, win-win
bargaining) parties collaborate for win-win Expedited restrict time
and issues on the table Progressive full disclosure bargaining
early start, talk through each issue, early mediation/fact finding
Slide 14 Slide 15 Unit decided on by the Michigan Employment
Relations Commission (MERC) Individuals in unit must share a
community of interest Parties may seek unit clarification to add or
remove positions from bargaining unit once the unit has been
established. Slide 16 Teacher/Professional Unit Usual players MEA
or MFT Separate from non-professionals Generally includes
non-certificated positions such as: Guidance counselors Media
specialists Occupational or Physical therapists Social workers and
psychologists Speech pathologists Nurses Still community of
interest? Slide 17 Non-Professional staff (non-certified, support,
etc) Usual players MEA, AFSCME, UAW, Teamsters, etc. Largest
appropriate unit Cannot include supervisors Generally includes: Bus
drivers Custodians/Maintenance Food service Parapros/aides/hall or
lunch monitors Secretaries Slide 18 Administrative Unit Usual
players MEA, but more often this will be an independent group
Again, must be separate from those they supervise Generally
includes: Principals and Aps Directors (i.e., special ed director,
athletic director, etc.) Slide 19 Who is excluded? Superintendent
Executive Administrators Confidential secretaries Slide 20 Must
bargain in good faith with regard to wages, hours, and other terms
and conditions of employment section 15 of PERA Mutual obligation
of employer and union Must bargain in good faith Bargaining must
agree to bargain over wages, hours and working conditions
(mandatory subjects) Employer may not unilateral alter such
mandatory subjects unless and until impasse Slide 21 Slide 22 MERC
has described as the point where the positions of both parties have
solidified to the point where further bargaining is futile MERC
decides impasse based on totality of the circumstances Employer may
implement last best offer on subject of impasse Does not end duty
to bargain, merely requirement to maintain status quo Slide 23
Mandatory subjects: Must bargain and may take to impasse Wages,
hours, and working conditions Examples: Wages, COLA Benefits
insurance, vacations, holiday pay, etc. Grievance procedure Work
rules School Calendar (Expedited impasse, Modifications by statute)
Class Size, conferences/planning time, and length of day Duration
of agreement Slide 24 Permissive subjects May bargain but cannot
take to impasse Management decisions fundamental to operation of
enterprise Examples Rate of pay for non-unit substitutes Seniority
for those formerly in unit Curriculum or educational policy
decisions Bargaining ground rules (again, if bargained you must
live by them) Slide 25 Prohibited Subjects Those listed in section
15 of PERA (MCL 423.215) Examples 1249 evaluation system 1248
policy regarding personnel decisions Teacher placement Experimental
or pilot programs Contracting for non-instructional support (must
give union chance to bid) Illegal Subjects Those that would require
violation of statutes Examples Waiver of overtime or minimum wage
(FLSA) Union Shop (RTW) Discriminatory clauses Waiver of tenure
Slide 26 Slide 27 Violations of section 10 of the PERA Interfering
with, restraining, or coercing public employees in the exercise of
their protected rights (which now includes not only to organize,
but also to not be associated with the union) Initiating, creating,
dominating, contributing to, or interfering with a labor
organization (automatic dues deduction - current injunction)
Discriminating on hiring or terms or conditions of employment based
on protected activity Refusal to bargain in good faith (regressive
bargaining, repudiation of the contract, direct dealing, etc.)
Slide 28 Union unfair labor practices Refuse to bargain in good
faith Restrain or coerce a public employer in the selection of its
representatives for the purposes of collective bargaining or the
adjustment of grievances. Cause or attempt to cause a public
employer to discriminate against a public employee. Slide 29
Charges have a statute of limitation of 6 months Decided by the
MERC First heard by an administrative law judge Appealed to the
full commission (MERC) 3 member panel Given jurisdiction over the
PERA Slide 30 PA 112 was a 1994 amendment to the PERA Its main
purpose was to eliminate strikes, but made other changes as well
Strikes were illegal prior to PA 112, but still common To prevent
strikes: Definition amended to include work stoppages done to
protest real or perceived unfair labor practices Fines for each
strike day for employee and union Management rights provision A
public school employer has the responsibility, authority, and right
to manage and direct on behalf of the public the operations and
activities of the public schools under its control. Slide 31 Added
list of prohibited subjects of bargaining to the PERA Incorporated
into section 15, and includes: Who is the policyholder of employee
insurance plan (MESSA) Decision to allow inter or intra district
open enrollment Contracting out of noninstructional support
Decision, staffing, or impact of experimental or pilot programs or
use of technology in instruction Several more have been added since
PA 112 Know these prohibits subjects and use them. They are your
friends! Slide 32 Public Act 349 of 2012 effective March 28, 2013
Makes it unlawful for anyone to: Compel anyone (through force,
threats, or coercion) to join a labor union, financially support a
labor union. Makes it unlawful for an employer to: Discriminate
against an employee based on, or make a condition of employment,
the support or membership in a labor union. Slide 33 MEA dominated
by full-time staff hired by the central organization Uniserv
Directors Assigned by the MEA to regional areas to handle labor
relations within their member districts Regional Directors Cover
larger area and supervise Uniserv Directors. Report directly to
executive director MFT Locally elected model Local leaders tend to
determine goals and do bargaining. Staff reps only called in when
needed Tends to end up in more reasonable process Slide 34
Collective Bargaining To meet and confer over terms and conditions
of employment Fact-Finding Non-binding impasse breaking tool where
an independent fact finder hears both sides and recommends a
solution Grievance Arbitration Binding process by where a grievance
(generally defined as an alleged violation of the contract) is
brought before an independent 3 rd party to determine who is
correct Slide 35 Impasse As previously noted, is the point where
the positions of both parties have solidified to the point where
further bargaining is futile Interest Arbitration Similar to fact
finding, but binding In Michigan it is part of the law for Police
and Fire (Act 312 Arbitration), but not school districts Mediation
Non-binding process whereby an independent third party is brought
into negotiations to help to resolve issues and ease an agreement
Slide 36
