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Littleton Public Schools Policy |
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Policy Code HC Policy Name Scope of Negotiations Adoption July 2, 1984 Revised February 21, 1989 |
Policy Statement
The Board recognizes the right of teachers of the District to join organizations for the purpose of making their views known to the Board.
The Board will recognize a teacher organization as the sole and exclusive representative of teachers for the purposes set forth herein, when it shows by an election held by the District, that it was elected by a majority of teachers.
The Board’s participation in a negotiation process will remain a voluntary matter, and the Board reserves the unconditional right to withdraw from the process whenever the Board determines, in its discretion, that the interest of the District and the public is best served by such withdrawal.
The Board retains the final and unconditional authority to determine and decide any issues or matters, whether resolved or not resolved by the process of negotiation, at such time or times as the Board, in its discretion, may determine that such decision or determination is necessary or in the best interest of the District or the public. Nevertheless, to provide for the exercise of the right to collective bargaining free from unfair restraint or coercion by either party, there is established by this policy a method of resolving impasses by means of advisory fact-finding and mediation.
Neither the negotiations procedure nor the manner of resolution of any matters or issues which may be the subject of negotiations, nor any contracts or agreements, shall contravene any law, rule or regulation governing the District. The rights expressed in this policy shall not otherwise limit or abrogate the rights, responsibilities and duties imposed upon, or vested in, officials, officers and directors of the District except as expressly provided in this policy. The granting of rights to employees serves as a limitation on the rights of the public and the District. Thus, these provisions shall be construed in favor of the District and the public.
The negotiations process and procedures shall be employed in such manner as to comply with the public meetings law of the state of Colorado, and within such time limitations as may govern the budgeting process of the District.
The Board is not the sole arbiter of the nature and source of District revenues and the resolution of all economic matter or matters with financial consequences are conditioned upon the availability of revenues which the Board deems sufficient for such purposes.
It is further the public policy of the District that in granting the certificated employees of the District the right to collectively bargain on behalf of its members as expressed and declared in this policy, the protection of the public and the soundness of the District requires that the employee organization or its members not have, possess or be granted the right to strike or to organize or participate in any work stoppage, slowdown or mass absenteeism or any concerted or collective refusal or failure to fully and effectively perform the full responsibilities of their various positions and their assigned duties.
Definitions for Purpose of This Section of Policy
District
“District” means Arapahoe County School District Number Six and such agents, representatives or employees as may be appointed by the Board to represent the District.
Board
“Board” means the Board of Education, Arapahoe County School District Number Six and such agents, representatives or employees as it may choose.
Teacher
“Teacher” means all certified contract teachers, librarians, counselors, psychologists, and special teachers. Specifically excluded are coordinators, supervisors, administrators and substitute teachers.
Teacher Organization
“Teacher Organization” means any organization of teachers which has as a purpose the representation of such employees in their relations with the Board pursuant to this policy.
Salaries
“Salaries” means the direct compensation of teachers.
Insurance Benefits
“Insurance Benefits” means teacher insurance paid by the District.
Exclusive Representative
“Exclusive Representative” means a teacher organization chosen by the teachers pursuant to the procedures set forth for the purpose of negotiating with the District on all matters within the scope of bargaining.
Advisory Fact-Finding
The term “advisory fact-finding” means investigation of unresolved disputes arising out of the negotiation of the Collective Bargaining Agreement, submitting a report defining the unresolved issues, analyzing and reporting the facts relating thereto, and making nonbinding recommendations for the purpose of resolving the issue in dispute; all of the foregoing performed by a neutral party.
Mediation
The term “mediation” means the assistance rendered by third parties to resolve disputes pertaining to the negotiation of a collective bargaining agreement. Mediation will not involve formal or informal fact-finding nor making any written public reports of the matter.
Days
The term “days,” except where specifically stated otherwise, shall refer to and mean all days when the administrative offices of the District are open.
Time Off Benefits
“Time off benefits” means various paid and unpaid approved absences from employment duties.
Organization Membership —Dues Deduction
Membership in a teacher organization shall not be required by the District as a condition of employment.
Dues may be deducted by the District on behalf of any teacher organization if requested by 25 or more teachers holding membership in such teacher organization.
Dues may be deducted by the District only upon the written request of the teacher.
The Board recognizes the right of the teacher to withdraw the written request for deduction of dues consistent with policies or procedures set or agreed to by the Board.
Exclusive Representative—Period of Certification
A teacher organization certified as the exclusive representative has the right to represent teachers of the District in negotiations with the Board in policy.
Certification of an exclusive representative shall be for a minimum period of 24 hours from the date of certification.
Where a teacher organization has been recognized by the Board as the exclusive representative of teachers, a teacher may file a petition with the District requesting decertification of the exclusive representative. Such request must be filed with the Board between March 1 and March 15 in the final year of any contract. The District shall forthwith transmit copies of such request to the affected employee organization. The request must contain the signatures of at least thirty percent (30%) of the teachers, and it must allege that the majority of teachers no longer desire to have the recognized teacher organization serve in the capacity of representative of those employees. Similarly, the Board may initiate an election to determine whether the majority of teachers desire to have a then currently recognized teacher organization continue in the capacity of representative of teachers in the District.
Whenever a challenge to the representative status of an existing teacher organization has been raised, the District shall schedule an election of teachers within a reasonable time. In the event of any dispute concerning the election, either party may request the appointment of an election arbitrator through offices of the American Arbitration Association by written notice of same. Upon appointment, the election arbitrator shall investigate the dispute and shall issue findings and recommendations for resolution including, if necessary, a recommended set of ground rules and timetable for any election. The arbitrator’s recommendations shall be submitted to the Board as a recommendation.
Negotiations
The Board or its representative, and the exclusive representative of the teachers, through their designated officials or representatives, have the duty to negotiate in good faith with respect to matters set forth in this policy. Such meetings shall be open to the public unless closed by agreement of the parties. Results of negotiations sessions may be communicated by either party to those it represents. Any collective bargaining agreement shall be for a term of at least one (1) year commencing on a January 1 date and ending on a December 31 date.
Duty to Bargain
The Board, acting through its chosen representatives, shall meet with and negotiate in good faith with an exclusive representative concerning the following listed subjects upon receipt of a request served on the Board by May 1, of the last year of the contract, for bargaining from such an exclusive representative:
Salaries and Wages
Insurance Benefits
Time Off Benefits
Negotiations Timetable and Ground Rules
Impasse Procedure
Grievance Procedure Related to Disputes Arising Out of the Collective Bargaining Agreement
Recognition
Dues Deduction
Definitions
No Strikes
Rights of Parties
Entire Agreement Waiver of Bargaining
No Waiver of Terms
It shall be the duty of an exclusive representative to negotiate in good faith with representatives of the Board upon the receipt of a request for bargaining initiated by the Board related to the above listed subjects.
Negotiations — Mediation — Fact-Finding
The Board and the teacher organization, acting through chosen representatives, shall negotiate in good faith on issues falling within the scope of bargaining upon receipt of a request served on either party by May 1.
The first meeting between representatives of the District and the teacher organization shall be held on or before June 1, at which meeting the teacher organization and the District shall exchange written proposals. Additional meetings may be held upon mutual agreement.
Neither party may be compelled to negotiate items not contained in the initial proposals.
Negotiations will be open provided, however, that they may be closed by mutual agreement of the parties.
Negotiating in Good Faith
For the purposes of this policy the term “negotiate in good faith” shall mean the mutual obligation to meet at reasonable times and places with the willingness to examine the other party’s ideas on any matter which is within the enumerated subjects of bargaining, however, neither party shall thereby be compelled to agree to a proposal or to make a concession.
Impasse
Impasse may be declared by mutual agreement of the parties at any time. Upon the occurrence of impasse, the parties shall meet to determine the matters remaining unresolved and shall prepare a statement of their position on such matters as of the last formal bargaining session between the parties. The last official position of a party in negotiations prior to impasse shall be considered the final formal offer of that party on any issue. Any such unresolved issues may be referred to a process of mediation for resolution.
Collective Bargaining Agreement
It is understood and agreed that all tentative
agreements negotiated by the parties’ representatives or resulting from
mediation or fact-finding are subject to formal ratification by teachers prior
to presentation to the Board, and that subsequent formal ratification by the
Board shall constitute the conclusion of negotiation activities. If approved by
both the teachers and the Board, those tentative agreements will constitute a
Master Collective Bargaining Agreement between the Board and the
Association. The collective bargaining agreement is separate and distinct from
each and every individual teacher’s contract.
Guaranteed Rights
The Board or its designated representative shall not interfere with, restrain, or coerce employees in the right to organize. In the absence of any certification as the exclusive representative, all organizations seeking to represent teachers shall be accorded equal treatment with respect to access to such employees.
Any representative of a teacher organization will not be permitted to solicit membership therein or to solicit petitions or votes for the purpose of obtaining exclusive representation on school property at any time, unless such person is a bona fide employee of the District and a member of a local teacher organization, whom such person purports to represent. Any discussion or campaigning shall be only during the nonworking time of all participants. Preparation time shall be considered working time. All election campaigning for exclusive representation on school property during school hours will be restricted to those areas reserved exclusively for teacher use. In no event may any statements concerning such campaign be directed to or involve students, parents or patrons whether oral or written.
Mediation and Advisory Fact-Finding
The Board and the teacher organization shall mutually agree upon a mediator, fact finder, or mediator/fact finder. If the parties are not successful in selecting neutrals in this fashion, either party may submit a request to the American Arbitration Association for selection of a neutral or neutrals according to its then current rules. The American Arbitration Association will submit, within seven (7) calendar days, to each party identical lists of names of five (5) persons skilled in mediation of educational matters. Five (5) days after receipt of the list or lists, the parties shall convene either personally or by telephone and shall alternately strike names until one (1) name is left. The remaining name shall be the neutral. The party striking first shall be determined by lot.
The format, dates and times of mediation meetings will be arranged by the mediator and such meetings will be conducted in closed sessions.
In the event mediation fails, the remaining issues falling within the scope of bargaining may be referred to advisory fact-finding.
Hearings
The fact finder shall convene a hearing, upon at least ten (10) days written notice to both parties, at which both parties may appear to present the facts and argument with regard to those matters remaining in dispute. Hearings shall be conducted in accordance with the rules of the American Arbitration Association and shall be open to the public. The formal rules of evidence will apply. The fact finder’s written recommendations with reasons therefore shall be served on both parties. The parties will promptly take action with regard to the advisory report.
Responsibility and Authority of the Fact Finder
The fact finder shall select as his/her recommendations either the final formal offer of the District or that of the teacher organization on each issue remaining in dispute, unless the fact finder is persuaded that an intermediate position would be more appropriate. The fact finder shall state the reasons in support of the recommendations.
The fact finder shall consider each of the following factors:
State and federal laws that may apply;
Any stipulations of the parties;
The interest and welfare of the public;
The ability of the District to finance economic adjustments and the effect of such adjustments on the normal existing standards of public services provided by the District;
A comparison of the wages, hours and conditions of employment of the employees with the wages, hours and conditions of employment of persons performing similar services, and with other employees generally, in both public and private employment in comparable situations;
The general level of wage increases in public and private employment and economic factors;
Comparison of the prevailing total compensation paid by school employers, municipalities and in private industry in the labor market.
The goal of providing excellence in educational services.
Fees and Expenses of Mediation and Fact Finding
All fees and expenses of mediation and fact-finding proceedings shall be shared equally by the Board and the teacher organization. If either party requests to have a transcript of the hearing prepared, that party shall be responsible for the cost of said transcript and shall furnish a copy to the fact finder. The other party shall be responsible for the cost of its copy of the transcript, should it desire one.
Observance of Teaching Contract-Violation-Strike
It shall be deemed to be grounds for disciplinary action, including, but not limited to, dismissal or loss of tenure, for any teacher to engage in any tactic which circumvents any provision of the individual teaching contract or to engage in a strike, collective work stoppage, slowdown, or withholding of services.
If the Board determines that the teacher organization recognized as the exclusive representative engages in any strike, collective work stoppage, slowdown, or withholding of services to the District, or promotes, sanctions, or otherwise encourages such activities, the recognition of such organization as the exclusive representative will be withdrawn by the Board. Such organization or any other employee organization that engages in similar activities will be ineligible to be recognized as exclusive representative, or to qualify for payroll deduction of dues, for a period prescribed by the Board.