in my crystal ball, i see factfinding in your future

In My Crystal Ball,I See Factfinding in Your Future

Bonnie CastreyNeutral Factfinder

Center for Collaborative Solutions

John GrayVice President

School Services of California, Inc.

Jim SchlotzNegotiations Specialist

California Teachers Association

Presented by

Negotiations Process

DistrictUnilateral

Implementation

NoTA

At-tableNegotiations

NoTA

Mediation NoTA

Factfinding Continue toNegotiate

Report

Union Strike

Ratify

Done

Tentative Agreement

1

Impasse History

Fiscal YearMediation Requests

Factfinding Requests Appointments

Reports Issued

2000-2001 226 44 31 14

2001-2002 199 38 24 7

2002-2003 155 34 33 9

2003-2004 181 30 24 5

2004-2005 179 25 21 3

2005-2006 197 38 27 2

2006-2007 203 25 20 4

2007-2008 124 26 26 9

2008-2009 28 10 6 0

Totals 1,492 270 212 53

2

Per-ADA Revenue VolatilityMakes Negotiating Difficult

Per-ADA Revenue Change

-2%

0%

2%

4%

6%

8%

10%

12%

1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08

Year

Incr

ease

to th

e

Bas

e R

even

ue

Lim

it P

er A

DA

Average

3

The Current State of the StateMakes Negotiations Difficult

Possible midyear cuts

Low- or zero-funded cost-of-livings adjustments (COLAs)

Increased academic pressures

Multiyear projections

4

Multiyear Projections:The Impact of AB 1200/1708/2756

AB 1708 (Chapter 924/1993) clarified exactly what was meant by the term "multiyear" (ref. Education Code [E.C.] Section 42131)

For budget approval, must show solvency by meeting standards and criteria in budget year and next succeeding fiscal year

For positive interim report, must meet standards and criteria for budget year and two succeeding fiscal years

AB 2756 (Chapter 52/2004) added personal certification by Superintendent and CBO

5

Factfinding

Factfinders shall consider (Educational Employment Relations Act 3548.2):

1. State and federal laws applicable to the employer.

2. Stipulations of the parties.

3. Interest and welfare of the public and the financial ability of the public school employer.

4. Comparison of the wages, hours, and conditions of employment with other employees generally in public school employment in comparable communities.

6

Factfinding

5. The Consumer Price Index (CPI) for goods and services, commonly known as the cost of living.

6. Overall compensation, including wages, vacations, holidays, insurance, pension, medical, and hospitalization benefits received.

7. Any other facts not included in 1 to 6 above that normally are taken into consideration in making findings and recommendations.

7

Preparing for Negotiations

Comparability means that, within some select group of districts, your salary, benefits, and working conditions are within the normal expected range for the group

Show that by selecting reasonable districts for comparison

Districts within the normal commuting distance of your district make good comparables

We are measured by what others are able to do

8


Maintenance of effort means that what you are offering will allow you to maintain relative comparability

Think total compensation and working conditions

Inability to pay means we have special circumstances that prevent us from spending more

Declining enrollment, lower revenues, and other conditions may require discussion of the district's ability to pay more

So, how do we demonstrate these three factors?

9


The best way to stay out of factfinding is to prepare for it

If you end up in factfinding, you must show:

Comparability

Maintenance of effort

And sometimes inability to pay

Factfinding isn't fun, but it's better than a bad agreement

10

Preparing for Factfinding

Selection of comparable districts

By type

Unified, elementary, high

By size

ADA, geography, etc.

By revenue opportunities

Unrestricted revenue limit per ADA

By comparable communities

Reference: Educational Employment Relations Act 3548.2

11

Factfinding – The FormalProcess of Dispute Resolution

A panel of three “hears” the dispute

One panel member is chosen by the union

One panel member is chosen by districtmanagement

The neutral is selectedfrom a list provided by PERB

A list of issues is filed with PERB

12

Selecting the Panel

Characteristics of a good partisan panel member

Knowledge of the factfinding process and of the options available to the parties

A problem-solving attitude that facilitates development of settlement options

Knowledge of and experience with the issues in dispute

Credibility with the appointing party and the other panel members

Remember, the panel is only as strong as its members – appoint someone in whom you have confidence

13

Selecting the NeutralChairperson

The partisan panel members work with the Public Employment Relations Board (PERB) to select a neutral chairperson

Selection must be timely or the choice is forfeited to PERB

What are the panel members looking for in a neutral chairperson?

Someone who has recent experience in school agency disputes

A good chair facilitates the hearing and gets all the information out

14


Flexibility is a key element of success for the chair; the panel members are looking for someone who will adapt the process to the situation

In case a report is needed, the chair needs to be able to give a good rationale for decisions

Most of all, the chair must be truly neutral

The chair must hear and evaluate the information provided by the parties

15


The “burden of persuasion” is with the moving party on the issue – have they made their case?

Panel members work hard with the parties to prepare their respective cases; they want and expect that preparation to be considered in recommendations

The partisan panel members know a lot of neutrals and usually agree on a selection for a particular case

Good neutrals are hard to come by – and are very much in demand!

16

What to Expect Duringthe Hearing

Panel chair will make an opening statement

Introductions of all persons in the room

Sign in record

Disclosures by chair

What to expect

Conduct for the hearing

Moving party for each issue identified

When questions are appropriate for clarifications

Press (only if this is an issue)

Statements from panel members

17

What to Expect Duringthe Hearing

Issue-by-issue presentations by the parties Opening statement by moving party on identified issue

Presentation of the facts based on criteria

Clarifying questions from panel

Clarifying questions from other party Opening statement by other party

Presentation of the facts based on criteria

Clarifying questions from panel

Clarifying questions from other party Binders with facts for panel and other party Closing argument

18

Prepare for a Long Day

The day of the hearing presents a unique opportunity to settle the case

The evidence has all been heard and the parties are all present

The panel has the opportunity to mediate before moving forward with the report

The most skilled panels take advantage of this day to try to close the deal

Both sides need a reason to moderate their positions and there is uncertainty about the recommendations to be included in the report

19


The parties may feel that they will have a better agreement if they solve the problem themselves

The panel will undoubtedly have ideas for consideration

An informal proposal from the panel may serve as a vehicle for settlement

It is not binding on either party, but may provide a compromise

The proposal may not resemble in substance or form either of the parties last, best, and final positions

20


Both parties may feel pushed by the panel – particularlyby the chair

The experience of the panel and the sense of urgency in the process cause options to appear and a settlement window to open

Most cases settle at this stage of the process

If it doesn’t settle, there will be a report

21

The Report

The written report with recommendations

Chair drafts report

Issues

Facts presented by parties

Analysis by chair

Recommendation for settlement

Chair meets in executive session with panel

Discussion draft report

22

The Report

Change as agreed

Concur ______

Dissent ______

Concur in part ______

Dissent in part ______

Panel members’ concurring/dissenting opinions

23

The Report

Report with attachments issued by chair within 30 days

Both parties and panel members

District must make report public in ten days

In that ten-day timeframe, parties often use the report with recommendations as a framework for further negotiations and settlement

Parties may ask the California State Mediation and Conciliation Service (CSMCS) Mediator to come back to the table to assist in reaching settlement

24

Post-Factfinding Mediationand Closing the Deal

This is where things often turn ugly!

By this time, the parties have often been negotiating for more than a year

They have had months of unsuccessful mediation

And more months of unsuccessful factfinding

Disputes that remain after all that are usually very “hardcore” disagreements

Once the report has been made public

The district may unilaterally implement its last, best, and final offer

The union may take job actions, including a strike

25

Post-Factfinding Mediationand Closing the Deal

At this point, there is no more process

No matter what the parties decide to do,there is no binding solution imposedupon them

The issues are not resolved until there is anagreement – so negotiations continue evenduring and after any unilateral implementation or job action

The results at this point are so disruptive to the parties and the community that settlement becomes even more difficult

And that is why it is so important that the factfinding process works!

26

Negotiations Process

DistrictUnilateral

Implementation

NoTA

At-tableNegotiations

NoTA

Mediation NoTA

Factfinding Continue toNegotiate

Report

Union Strike

Ratify

Done

Tentative Agreement

27

Thank you for attending!

in my crystal ball, i see factfinding in your future

Documents