Tuesday, December 11, 2012

Update on Fact Finding

Here a link to the tentative agreement. It will open a pdf in a new window:

Click here:  Tentative Agreement


The fact-finding hearing between the Association and the District on December 7th was very positive and productive.  Some issues were resolved, and some are still being discussed.

In fact-finding, a panel of three--one neutral party appointed by the state, one appointed by the Association and one appointed by the District - hear the parties's positions and their rationale for taking those positions.  During the hearing, each team presented a binder full of information.

The District presented its position that it may legally differentiate the employment rights of people who do the same job for the same employer and that giving regular employment rights to all of the Orcutt Academy teachers would cause financial hardship on the District.  The Association disagrees with those positions.

The Orcutt Educators Association presented evidence that the OUSD has spent little or nothing on employee discipline or dismissal since 2006.  We also found that there is not one District employer charter in California that differentiates the employment rights as the District has proposed.  Basically, this tells us that equal rights is the clear "industry standard".  We also presented evidence that the District's current position, as we understand it, creates a confusing mish-mash of rights, and that the current uncertainty regarding the rights of some employees is a greater threat to the District than giving equal rights to all.

The actual Tentative Agreement signed by both parties is posted.  A quick highlight is:  1. A tentative agreement that the OEA transfer language would apply to all Bargaining Unit Members, 2. A tentative agreement that all Bargaining Unit Members would have Education Code rights and process for layoff and recall, although Orcutt Academy and non-Orcutt Academy members will be on separate seniority lists, 3. An agreement to form a Joint "Super Committee" to continue discussing the issues of discipline and dismissal rights for members who work at Orcutt Academy.  Please see the actual Tentative Agreement for specific details, or feel free to contact me with further questions.

The Association is very pleased with the result of the fact-finding so far, and we look forward to this additional opportunity to resolve these issues with the District.  Thank you for your support and have a wonderful Winter Break!