collective bargaining in these economic times ron peeler, ahlers law firm jan miller-hook, johnston...

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Collective Collective Bargaining in Bargaining in These Economic These Economic Times Times Ron Peeler, Ahlers Law Ron Peeler, Ahlers Law Firm Firm Jan Miller-Hook, Johnston Jan Miller-Hook, Johnston Community School District Community School District

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Page 1: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Collective Collective Bargaining in Bargaining in

These Economic These Economic TimesTimes

Ron Peeler, Ahlers Law FirmRon Peeler, Ahlers Law Firm

Jan Miller-Hook, Johnston Jan Miller-Hook, Johnston Community School DistrictCommunity School District

Page 2: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

State AveragesState Averages

Johnston CSD
First, let's take a look at the history.
Page 3: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Allowable Growth/New $Allowable Growth/New $

Salary Settlements Compared to Allowable Growth and New Money Percent

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%

7.00%

8.00%

Fiscal Year

Per

cent

age

Incr

ease

Total Package Percentage Allowable Growth New Money %

Page 4: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

What’s Different This What’s Different This Year?Year?

Allowable Growth-UnknownAllowable Growth-Unknown Insurance/Health Care ReformInsurance/Health Care Reform EnrollmentEnrollment Ed Jobs FundingEd Jobs Funding

Johnston CSD
No deadline for when leg must adopt state budget. Leg must set all growth-both FY 12 and FY 13 within 30 days of submission of Gov's budget due 2/1 under current law.
Page 5: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

What’s Different this Year? What’s Different this Year? IPERS IPERS

Page 6: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

District ComparisonDistrict Comparison

Johnston CSD
District comparison-small, medium, or large district-increasing or decreasing enrollment still between 2 and 3% with just steps and ipers increase-So, now what? Where do we go from here?
Page 7: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

IASB-Employee Relations & IASB-Employee Relations & Collaborative BargainingCollaborative Bargaining

Positive labor relations enhance the Positive labor relations enhance the ability of employees and school ability of employees and school boards to work together for boards to work together for improved student achievement. improved student achievement. Ideally, collaborative bargaining Ideally, collaborative bargaining should end in a voluntary settlement should end in a voluntary settlement between parties. between parties.

Johnston CSD
Communication
Page 8: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Collaborative and Formula Collaborative and Formula Bargaining-What does it Bargaining-What does it

take?take?

Partnerships and relationships in an open Partnerships and relationships in an open environmentenvironment

All opinions, viewpoints, and needs are All opinions, viewpoints, and needs are valued even if not agreed uponvalued even if not agreed upon

Character is important-based on honesty, Character is important-based on honesty, respect, cooperation, trust, and integrityrespect, cooperation, trust, and integrity

Success will be achieved because of Success will be achieved because of teachers, administration, and board, not teachers, administration, and board, not in spite of any one groupin spite of any one group

Johnston CSD
Abandon traditional management-labor conceptand embrace collaborative/formula bargainingnational presentation-School board president, previous elem tchr, prin, asst supt, and supt.after last bullet-we are definitely in this togetherSo, what does this mean?
Page 9: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

How Does it Work?How Does it Work?

Parameters established for setting Parameters established for setting aside funds for additional teachers for aside funds for additional teachers for new yearnew year

Parameters established for setting Parameters established for setting aside funds for operating balanceaside funds for operating balance

After set aside funds agreed upon, After set aside funds agreed upon, remaining dollars applied to model for remaining dollars applied to model for bargaining of salaries and benefitsbargaining of salaries and benefits

Johnston CSD
in presentation, 65% of new money was used for bargaining after deducting for additional teachers and operating balance
Page 10: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Sound Familiar? Interest Sound Familiar? Interest Based Bargaining-What Based Bargaining-What

Does it Take?Does it Take? Partnerships and relationships in an open Partnerships and relationships in an open

environmentenvironment All opinions, viewpoints, and needs are All opinions, viewpoints, and needs are

valued even if not agreed uponvalued even if not agreed upon Character is important-based on honesty, Character is important-based on honesty,

respect, cooperation, trust, and integrityrespect, cooperation, trust, and integrity Success will be achieved because of Success will be achieved because of

teachers, administration, and board, not in teachers, administration, and board, not in spite of any one groupspite of any one group

Others?Others?

Johnston CSD
Some contract areas that could be impacted by elements of coll. approach:\impact of schedule structure, discussion of changes such as index v. flat dollar, cost of advancement based on educ/exp, health care reform-open disucssion about funding sources, turnover savings from early retirement, etc, staff reduction. furlough
Page 11: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Interest Based Interest Based Bargaining Bargaining

Focuses on shared interests and collaborationFocuses on shared interests and collaboration Questions are discussedQuestions are discussed Health insurance is reviewed-often Health insurance is reviewed-often

negotiating members are also members of negotiating members are also members of insurance committeeinsurance committee

Concepts are discussed rather than specific Concepts are discussed rather than specific proposalsproposals

All members of both teams participateAll members of both teams participate Others?Others?

Johnston CSD
Win-win model-Can have collaborative discussions early, but bargaining needs concrete info such as new money, insurance, and other financial issuesSchool dist adm are the most knowledgeable in the process regarding finances, costing, etc, and that info needs shared early and often
Page 12: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Does it Work? Is Interest-Does it Work? Is Interest-Based Bargaining Based Bargaining

Successful?Successful?

Communication is importantCommunication is important Members need an understanding of Members need an understanding of

school financeschool finance Relationships important as a Relationships important as a

foundation of trust is criticalfoundation of trust is critical Transitioning of members important Transitioning of members important

to maintain working foundationto maintain working foundation

Page 13: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Interest-Based Bargaining Interest-Based Bargaining Johnston Certified StaffJohnston Certified Staff

2 year agreement for FY 10 and FY 112 year agreement for FY 10 and FY 11 Total Package 4.0%Total Package 4.0% October 2010-10% ATB cutOctober 2010-10% ATB cut FY 10 economy downturnFY 10 economy downturn FY 11 questionable funding-allow FY 11 questionable funding-allow

growth, stimulus, etcgrowth, stimulus, etc

Page 14: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Interest-Based Bargaining Interest-Based Bargaining Johnston Certified StaffJohnston Certified Staff

Presented letter to JEA January 7, Presented letter to JEA January 7, 2010 and requested re-opening of the 2010 and requested re-opening of the 2010-11 Master Agreement2010-11 Master Agreement

Meetings resulted in two (2) non-paid Meetings resulted in two (2) non-paid furlough days-one (1) less furlough days-one (1) less professional day at Supt.’s discretion professional day at Supt.’s discretion and one (1) less work day scheduled and one (1) less work day scheduled by staff at their discretionby staff at their discretion

Page 15: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Interest-Based Bargaining Interest-Based Bargaining Johnston Certified StaffJohnston Certified Staff

TQ-withheld FY 10 as result of 10% TQ-withheld FY 10 as result of 10% ATB cutATB cut

Agreed to release two per diem days Agreed to release two per diem days per eligible employee per eligible employee

Two furlough days saved the district Two furlough days saved the district approximately $243,000, resulting in approximately $243,000, resulting in 3.21% from 4.0% TPI3.21% from 4.0% TPI

Page 16: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

JESPA Support UnionJESPA Support Union

Presented letter to JESPA January 7, 2010 Presented letter to JESPA January 7, 2010 requesting re-opening of the 2010-11 Master requesting re-opening of the 2010-11 Master AgreementAgreement

Meetings resulted in two (2) non-paid furlough Meetings resulted in two (2) non-paid furlough days-two less professional development days days-two less professional development days for Food Service and Transportation personnel, for Food Service and Transportation personnel, two less workdays for custodians and all other two less workdays for custodians and all other personnelpersonnel

Two furlough days saved the general fund Two furlough days saved the general fund approximately $66,600 (excludes Food approximately $66,600 (excludes Food Service) resulting in 3.7% TPI instead of 4.6%Service) resulting in 3.7% TPI instead of 4.6%

Page 17: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Johnston CSDJohnston CSD

Page 18: Collective Bargaining in These Economic Times Ron Peeler, Ahlers Law Firm Jan Miller-Hook, Johnston Community School District

Questions?Questions?