Impasse Declared!
Your Bargaining Team, having found that we are far apart
from the District and not making progress, has declared impasse at the Nov. 30,
2017, bargaining session. Below you will find our current positions
side-by-side. The District offered its proposals as a package deal; none of the individual proposals from the District
can be accepted on its own.
Issue
|
OUSD
|
OEA
|
Class size
|
Increase TK-3 class size site average from 27 to 29 students and make
that permanent contract language
|
Current 3-year MOU in place that keeps average at 27
|
Special Education
|
No proposal – except a pledge to try to schedule more IEPs during the
regular day.
|
Compensation for IEP meetings outside of the contractual work day.
|
Child Bonding Leave
|
A new contract section that complies with new state law.
(A couple who were both OUSD employees would have to split the 12
weeks of leave, and all Bargaining Unit Members would have to be employed a
year before they are eligible)
|
In addition to the District’s proposal, the ability for two Orcutt
Bargaining Unit Members to each
get 12 weeks of child bonding leave all
Bargaining Unit Members would be eligible upon hire
|
Compensation
|
½ % on-schedule increase in exchange for loss of 6 report card
release days for TK-6 teachers; off-schedule, one-time payment of $640 to all
full-time members
|
Salary Schedule adjustment that costs about 1.6% on-schedule and
about 1% off-schedule
|
Stipends
|
New stipends rejected; connecting stipends to salary schedule
rejected.
|
Connect stipends to salary schedule and add stipends for Math Bowl,
Battle of the Books, Flag Football and Elementary Student Council Advisor.
|
Health and Welfare Benefits
|
No increase in District contribution – Bargaining Unit Members pay
all of the increase in costs
|
Continued 100% of 90-D for singles, 80% for two-party and family;
reimbursement of $ difference for members who switched to a less costly plan
|
Early Retirement (offered by OUSD ONLY if all other proposals are
accepted).
|
$25,000 OR an additional year of Health and Welfare Benefits (total
of 6) IF there are at least 15 eligible retirements announced by
Feb. 1, 2018.
The District Team asked the School Board if the retirement proposal
could be offered independently and the School Board refused.
|
If 11 eligible retirements: $25,000 payment; 8 eligible retirements: $20,000
or one year of health and welfare benefits; five eligible retirements: six
additional months of health, dental and vision coverage. (None of these would
require additional days of work.)
|
Salary Schedule Appendix B2, paragraph 5
|
Increase the number of years of outside experience from 5 to 10 years
for new hires only – WITHDRAWN BY THE DISTRICT
|
Rejected as part of the global proposal
|
Hiring Incentive for certain teachers
|
A new $5,000 “signing bonus” ($2,500 per year for the first two
years) for new hires into “hard to fill” positions including junior high and
high school math, junior high and high school science, special education, and
speech and language pathologist.
|
Rejected as part of the global proposal.
|
Impasse
in a Nutshell – What’s coming up?
IMPASSE:
When a local union and a school
district are unable to reach agreement on a new contract, they must go to
impasse. The law provides third-party assistance from the state. The basic
steps of impasse are outlined below.
1.
MEDIATION: The Public Employment Relations Board
(PERB) officially declares a deadlock (impasse) and begins the mediation phase.
PERB appoints a state mediator to work with the parties. The mediator’s job is
to assist the parties to reach a settlement, any settlement. The mediator does
not take sides, and is not charged with examining the details of the issues or
finances. If the mediator is not able to bring the two sides together, he/she
certifies the dispute to factfinding.
2.
FACTFINDING PANEL: Three people are selected to form a
panel that will consider presentations made by the two parties.
a)
The
panel has one representative from each side, plus a neutral provided by the
State.
b)
The
two parties present to the panel their respective bargaining proposals on the
issues at impasse, including their facts and analysis of the employer’s
“ability to pay”, and comparisons with other districts or county offices. When
the panel concludes its meetings, the neutral will issue a written report. The
union and district representatives may choose to agree with the neutral or
write dissenting opinions.
c)
The
neutral factfinder is usually an attorney/arbitrator who has general
understanding about school finance. He/she may not be a financial expert or an
accountant. A factfinding is not an audit.
d)
The
neutral’s time and energy are mostly devoted to listening to the parties’
presentations and formulating a report. A neutral may, but is not obligated to
attempt to mediate the dispute one more time.
e)
The
neutral’s written report is not binding. However, the
parties are obliged to consider it.
3.
NEXT STEP: After the parties complete the
factfinding phase, if no agreement is reached in post factfinding, the employer
is free to impose conditions of employment or do nothing, and it is legal for
the union to strike.
PLEASE STAY TUNED FOR MORE INFORMATION
AND ACTIONS AS WE MOVE THROUGH IMPASSE!
