Udate for Week of Aug 9, 2009

YOUR RIGHTS AS AN EMPLOYEE OF THE DISTRICT

(For Information on Employee Rights Training see below)

The new contracts are possibly in error.

• Your salary should have increased by at least $1. You may have the same salary as last year on your current contract. We believe this is wrong and have brought it to the attention of the Superintendent.
  
• Paragraph 10 of the contract states that you can be called in on weekends, during school breaks etc to work or attend PD. This conflicts with our Collective Bargaining Agreement (CBA.) This has also been brought to the attention of the Superintendent
  
• Some teachers have been told that the deadline to turn in the signed contract was Wed, Aug. 19. The Superintendent said this was incorrect and she will send out a clarifying memo.
  
• The Superintendent will be reviewing the contract and comparing it to the CBA. This could mean there will be other changes/corrections made to the contract.
  
• The Superintendent has put out a memo informing principals that as per our CBA no members of the Bargaining Unit need Dr's notes for any absences.
  

If you want to sign and turn in your contract you should write this next to your name:

"In accord with terms and conditions per the CBA."

Information for certified personnel:

• Prep time is work time and therefore paid time. Other duties may be assigned during prep time without additional compensation but not to exceed more than 3 times in any 20 day period.
  
• Certified professional employees may be required to work beyond the normal work day without additional compensation. Employees may be required to attend faculty meetings of not more than 1 hour, not to exceed 3 hours in every 20 days
  
• Employees may be required to attend other professional activities after then the normal duty day not to exceed 13 additional hours per year. Certified salaried employees may volunteer to attend an unlimited amount of professional activities throughout the year. Level III teachers are required to perform two to three assigned leadership professional activities per school year, as per their competency level.
  

For more information about your rights we are having two "Employee Rights Trainings"

(Each will be different and cover different material.)

The first is Tuesday August 25, 4:30 pm, Room 806 EVHS (portables behind cafeteria)

The second is Tuesday, September 8, 4:30 pm, Room 806 EVHS

We will be learning what is in the CBA, how it affects you, and what you can do to help insure that everyone's rights are protected. Please come and educate yourself on procedure and employee rights. It is your knowledge and understanding that keeps us all safe and sane at work.

Next AR and General membership meeting:

September 15, Library, Española Valley High School, 4.30 pm

If you want a future meeting at your school please let your building rep or an NEA officer know that you are willing to sponsor a meeting at your school. We will help set it up.

Committee member needed:

We need an NEA member to sit on the School Board Policy Committee. This committee will make suggestions to the school board about school board policy. If you are interested in being a part of the solution, and would like to be a part of this committee, please email Brian Every espanola.nea@gmail.com. You will be expected to meet with the committee and come to the Executive Board meetings of the Espanola-NEA to give a report on the Committee meetings.

Until next time…

John Reese, blog novice

Back in the Saddle Again!

Hello Fellow NEA Members!

Summer is nearly over, School is getting ready to start – and your Española-NEA executive board has been working already – This is going to be a long letter – so hunker down and get comfortable – or close it and forget about it – but that was fair warning!

In not any particular order except how it occurs to me here is the summer’s news.

1. There were at least 4 teacher that were given letters of termination who asked for our help – everyone of them was offered their job back –
2. There was some question about the application of the Sick Leave Policy as bargained – we had an Agreement Oversight Committee meeting to clarify and attempt to resolve the issue – I am glad to say that after discussion with the new superintendent and the administrative team we reached the consensus that administration would fully support the sick leave policy as written for all Bargaining Unit Employees (BUE’s) which is most members. Essentially all cooks (except some head cooks) all custodians (except some head custodians) all secretaries (except office managers) all maintenance workers, all teachers and all teacher aides. If I missed some category, I apologize. Regardless, what this means is that no doctors excuses are needed for any medical absence for BUE’s. But a word of caution here – abuse of the sick leave policy will result in disciplinary action and will give admin grounds to argue and fight to reinstate some restrictions on sick leave. Please – act responsibly.
3. While we have not yet settled on a calendar we have come to a temporary agreement on how the calendar will look while we continue to negotiate or wait for arbitration – here is the scoop – we will follow last years calendar, day for day, with the adjustment for the dates falling on different days of the week, i.e. last year we started school on Monday August 11, this year, the same date is Monday August 10. The rest of the year, until resolution of the agreement, we will follow last years calendar. The only exceptions are the first week of school. The first week of school we will start on Monday the 10^th, have a classroom work day on Tuesday, a day off on Wednesday, and students start on Thursday the 13^th. After that – see last years calendar.
4. There have been camera’s installed in assorted places, including looking at the time clock – the reason for the camera’s looking at the time clock is that someone at three different locations vandalized the fingerprint sensor on the clocks. While I understand the urge to engage in this kind of behavior as I too have been tempted to act on similar impulses, it really only hurts all of us to do so – the district reasonably and rightly had to spend money putting in security camera’s to protect the time clocks – spending money that could go for raises, hiring new employees, paying more of our insurance premiums, or more supplies for the classroom. Because the school board has decided to not spend more on security this year, to provide enough security for all places that need it, there are plans to put in even more camera’s, and to have someone monitoring the camera’s. I don’t at this time know where all the camera’s are going, but be forewarned there will be more camera’s going in, and this is the reason why. We have been assured that they are not being installed to monitor employees work habits in anyway – and will not be used to monitor employees for any reason – however, as has already been the case – video records have been used to verify employees being where they were supposed to be, or not being where they were supposed to be in the past. This is likely to occur in the future as well. Some administrators have told employees that they can not use the video records to prove their innocence – the committee meeting cleared this up – video records can be used by both employees and administration to ascertain the facts in any situation – after there is sufficient cause to want to check the video records in the first place. Video records are not to be used for fishing expeditions or routine employee monitoring but rather for security purposes only.
5. This is all I can think of at this time however we have a few events coming up for those of you who would like to get more involved – please email or call me if you can help with any of these events – dates are solid, times and places are still subject to confirmation – so please call or email for the latest info.
1. New Employee Orientation – August 7, EVHS, about 11 a.m. to talk to new employees about what NEA is, what it does, and why they should join - And to eat lunch with them and make them feel welcome – help them fill out applications.
2. All Employee Orientation – August 10, EVHS, about 9 a.m. (or earlier) to set up NEA table, greet employees, give out goodies, sign up members, present the wonderful smiling face of Española-NEA to the non-members, and do the same after the all employee meeting.
3. First AR & general membership meeting August 18. Time and place to be announced.
4. First ER (Employee Rights) meeting August 25, time and place to be announced.
5. We need volunteers for the ER team, and for the bargaining team – if you are interested, please contact me.

The CBA’s are posted on both our website and our blog – we have had some help with the blog – there are posts being made more frequently now than they were for a while, so please check it out – not all blog entries are sent via email. Also I am going to update the website, so you might check it out at some time, there is a lot of good information there.

Welcome back to school Española-NEA – I am excited about this new school year – I think you will find life quite different this year and I do hope you enjoy this year.

Brian

2009-2010 Negotiations Slowed Despite Better Relations with Board

Espanola-NEA President Brian Every wrote this bargaining update for the membership:

Hi Everybody –
We had our 3rd bargaining session on the 09-10 school year issues on Thursday night (May 14, 2009). This meeting had been planned for seven weeks . We found the evening to be less than satisfactory.

We were prepared, had our financial proposals and proposed several minor changes in the contract. We were ready to start negotiating, as agreed to do with the team appointed to represent the Board.

Sadly the other side was completely unprepared. They had no proposals of their own, nor did they counter any of our offers. What a complete waste of our time, and of district funds for the expenses involved!

This recent experience helps explain to those of you not at the table why it took 17 months to get to an agreement, and another two months to get the agreement approved and signed by the board. On top of all that, their negotiator refused to schedule another bargaining session for at least another two weeks .

Your negotiation team has consistently brought to the table proposals and ideas that sought to accomplish 3 things:
* Are true to the concept of what was best for the students was also best for us and for the district.
* Are fair, reasonable, and honest.
* Are respected the districts needs.

We also attempt to work at all times to find the best solution for all issues – solutions that respected us as employees and satisfied the districts needs. This has not always been easy, especially because one member of the team has on occasion been quite difficult. I am proud of our team, especially Chief Negotiator Laurel Fain for keeping our cool in the face of provocations.
I believe the school board has come to appreciate the work and efforts we are making. Our efforts are professional. The Board has been responsive! Opening up the superintendents selection, holding a ceremony to recognize our CBA, and signing the CBA all point to a change in focus and in attitude from the board. We welcome this change and are encouraged by it.
Thank you all for your support – and for those of you who are now contributing to our blog – We are a growing community of interested, involved and dedicated public school employees and we are proud to be working in Española.

Collective Bargaining Agreement is RATIFIED!

CONGRATULATIONS!
IT’S YOUR FIRST EVER COLLECTIVE BARGAINING AGREEMENT!

FINANCIAL HIGHLIGHTS …
* The District now pays 2% more of your insurance premium.
* When Education Assistants cover classes without a teacher present, they’re now paid an additional $5 hourly, in chunks as small as 30 minutes.
* When an employee is paid overtime or for extra duties, the timelines by which they are paid is sped up.
* All summer time and weekend work is now voluntary; none can be mandated.
* Stipends and increments are all negotiated. No more special deals. The list is updated and inclusive.
* Certified employees asked to work beyond the number of days in personal contracts will be compensated at their daily rate.
* For E.S.P., there are stronger protections for appropriate overtime.

PROFESSIONAL ADVANCES …
* Discipline of students must be fair and supportive of employees and classroom management.
* A new limit is placed on interference with preparation time: other duties can only be assigned during your prep period on not more than 3 of every 20 days.
* A new limit on the number and length of faculty meetings: not more than one (1) hour in length, and not to exceed three hours in every 20 days (and they can’t be called with less than 48 hour advance notice).
* A new limit is created on requirements for the participation of Certified employees in "other professional duties" of not more than thirteen (13) hours per year. When required, employees will receive ten (10) days notice beforehand.
* Grade changes can no longer happen mysteriously or without thorough documentation, and teachers play a critical role.
* Employees will be provided copies of all forms and information concerning PDP’s observation and evaluation procedures at the beginning of each year.
* Site-based committees can’t be staffed by "favorites" only: the administrator must use an open-process. Site-based decisions must comply with the C.B.A.
* The District must consult with employees prior to requesting Class Size waivers from the PED.
Employees who drive (on more than one day) to more than one site, ten or more miles apart, are now reimbursed at the state rate.
* Stipend "post-season" bonuses now apply to sponsors and advisors of academic and cultural activities as well as for athletic coaches.

EMPLOYEE RIGHTS ARE CLEARER AND EXPANDED …
* Now, Discipline of employees must be fair: high standards apply. Disciplinary actions will be based on just cause, and this includes new employees too.
* If a meeting involves any issues which may lead to discipline, the employee can stop it until a union representative can be present.
* Personnel files cannot include any documents which you haven’t been shown first and signed for. You can respond to any document in your file.
* Final Grievance decisions are now made by an Arbitrator selected by the union and management together. The process is no longer political: the Board has no role at all and the administration can be overruled.
* No more time-clocks for certified staff working in one building.
* At the conclusion of faculty/staff meetings, a designated Association Representative may make Association announcements
* When you’re too sick for work…
* Teachers and others can not be made to find their own substitutes (as has sometimes been the practice here).
* The Leave policies now treat you with respect. No more presumption that you’re abusing the policy.
* VOLUNTARY TRANSFERS: Current employees applying for another job will all be interviewed, and will always be considered before outside applicants. Interviewed employees will be given written notice of decisions – no more waiting in limbo.
* The District must prove a REDUCTION IN FORCE is needed before laying off employees for budget reasons and if it is, then the new fair and objective process protects the employment rights of all bargaining unit members. A RIF cannot ever be used to retaliate against an employee.
* INVOLUNTARY TRANSFERS: no employee will suffer a loss in compensation during the current or future years because of a transfer.

EXCLUSIVE ESPAÑOLA-NEA RIGHTS …
* No significant changes can be made by the administration to any working condition without negotiating first with your union.
* At the conclusion of a faculty/staff meeting a designated Association Representative may make short Española-NEA announcements
* Your representation rights are stronger than ever in all employee rights situations.
* An Agreement oversight committee composed of union and management representatives can meet at any time to discuss district-wide concerns, but all major changes need to be negotiated and Española-NEA members vote to approve or reject any changes. Non-members have no say.

Please Note: Your unpaid negotiation team spent hundreds of hours over 18 months, and now you and all other employees in our bargaining unit will benefit. The Collective Bargaining Agreement works for you. Everyone benefits from the success made possible by our dues paying members. We NEED the membership of every Espanola school employee so we can enforce this agreement and together achieve lasting power to negotiate more successes for next year. If you’re not already a member, join today!

NEA President Van Roekel - Union Advocacy, Activism Makes for Solid Education Policies