personnel directors handouts
TRANSCRIPT
Current Topics of a Legal Nature
Kelley Baker and
Karen HaaseHarding & Shultz
(402) [email protected]@hslegalfirm.com
Recent Legal Trends: Not So Good for Boards
Recent Cases
Manning -- pay for a “long-term” substitute teacher
Harvard – what constitutes a “change in circumstances” for a RIF
Central City -- duration clause and pay for unused sick and personal leave
Manning Case
South Sioux City Ed. Ass’n. v. School District, (2009) School hired Manning as a
“long-term substitute” 1st semester 2007-08 Clear agreement Multiple correspondence
Union’s PositionManning was not a substitute
A substitute must take the place of a teacher on some kind of leave
Medical, attend conference, sabbatical, military, etc.
Manning should be paid on salary schedule with full fringe benefits
District’s Position Used long-term subs sparingly Association never negotiated comp Manning employed less than half-
time, not a certificated employee Contract case, not an unfair labor
practice case CIR had no jurisdiction
CIR / Supreme Court District unilaterally deviated from
negotiated agreement Prohibited practice
Manning was not a substitute She was a probationary teacher
[Entitled to all statutory rights of probationary teachers]
Recommendations
Don’t use “long-term substitute” except for actual substitutes
Use a replacement contract for teachers who replace others on long-term leave
Confer with district attorney about special circumstances
Harvard Case Miller v. School District No. 18-0011 of
Clay County• Plaintiff RIFfed when school
contracted with neighboring district for art instruction• NSEA: no RIF if program remains• District Court: ruled for plaintiff• District appealed to Ne. Supreme
Court
Supreme Court Chance to share programs did not
constitute a change in circumstances No RIF because still have art teacher
on staff Seemed to be trying to limit to these
facts?? • Probie vs. Tenured• Communication to neighboring board by
their superintendent
Recommendations
Start the RIF process EARLY Control EVERYTHING Eliminate all stray talk Use multiple data to prove change in
circumstances Distance learning, staff sharing now
questionable
Central City
Standard wage / fringe benefit case Except for continuation clause• 3 years after prior wage case• Previously litigated in Clarkson
case
CIR Holdings – Delete: Number of contract days Negotiated agreement “part of all
teachers’ contracts” Board discretion to:• Terminate pay after absent 60 days•Grant emergency sick days
Make up days when fewer than 175 days of attendance
CIR’s (BAD) Holdings Add contract continuation provision Such provisions in 10 of 14 districtsThis agreement shall continue in full
force and effect until a successor agreement is adopted which is then retroactive to the beginning of that school year.
Pay for unused sick & personal leave
Central City
District appealed bad holdings Supreme Court granted petition to
bypass Supreme Court heard the case Dec. 1 Decision published last Friday
Supreme Court: Duration Duration Clause is mandatory subject
of bargaining Duration Clause doesn’t violate right
of unilateral implementation: “neither orders District to enter into a contract nor acts as a contract for an indefinite term. [T]he … clause set[s] forth the terms of the parties’ agreement until a new agreement can be reached.”
Supreme Court: Unused Leave
Payment for unused leave is prevalent: 10 of 14 schools
Terms of the provision ordered by the CIR not supported
Remanded to CIR to determine appropriate terms of pay for leave
Supreme Court: Dissent Chief Justice Heavican and Justice
Connolly Agree on Sick Leave Disagree on Duration • Extends CIR authority into future
contract years• Violates CIR’s limited authority
Recommendations
Do not agree to a continuation or duration clause voluntarily, but check for prevalence
Hold the line on other issues: NSEA has long-term plan, we should, too!
Keep your fringe benefits in line with other school districts – the CIR is very willing to ignore your excesses
The future of negotiations?
Current Topics of a Legal Nature
Kelley Baker and
Karen HaaseHarding & Shultz
(402) [email protected]@hslegalfirm.com