Legislative Body Impasse Hearing

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NEXT STEPS:   The decisions made by the School Board as the Legislative Body will be reduced to writing by the parties and that language will be combined with the tentative agreements and submitted to the bargaining unit employees for ratification. If ratified by the employees, all language becomes part of the contract. If employees do not ratify, the items imposed by the School Board are effective from the date of the hearing, February 15, 2012, through the end of the fiscal year and become the status quo and are subject to negotiation. Tentative agreements not ratified by employees may not be implemented until ratified and may be renegotiated.

 

Results of the Legislative Body Impasse Hearing before the School Board
Wednesday February 15, 2012
ISSUE
MEA’S Position
SCHOOL BOARD ACTION
Superintendent’s Position
1.       Teacher Salary
(Issues 1, 2, 3 & 4 are interconnected in the Special Magistrate Recommendations)
MEA proposes to maintain the current salary schedule, one furlough day for this work year and implement the Experience Step Advancement at the beginning of the 4th quarter for this year and resume automatic movement for next year. The Health premiums proposed by MEA are sufficient and it is not necessary to cut teacher salary to reduce the health plan deficit. These cuts are unwarranted. MEA accepts the recommendation of the Special Magistrate. 
School Board adopted a motion imposing 2 furlough days for teachers and a reduction in teacher salary by 1.75% on the salary schedule. (Motion made by Mr. Gause, second by Mr. Kinnan, approved 3-2 with Ms. Aranibar and Ms. Carpenter dissenting)
The Superintendent proposes to cut teacher salary by 2.75% across the board and use $3 million of the money saved to provide an additional board contribution to the health plan. During the Legislative Body Hearing the Superintendent proposed to furlough teachers for 2 days and cut teacher salary by 1.75% on the salary schedule.
2. Paraprofessional Salary
(Issues 1, 2, 3 & 4 are interconnected in the Special Magistrate Recommendations)
MEA proposes to maintain the current salary schedule for this year with no furlough days. Since other low paid, 10 month employees were excluded from furloughs, paraprofessionals should not suffer the loss of pay from furloughs. MEA accepts the recommendation of the Special Magistrate. 
There was no action on this item because the Superintendent withdrew his proposal. There will be no furlough days for paraprofessionals and the current salary schedule is retained.
The Superintendent proposes to furlough paraprofessionals for three days and not implement the Experience Step. During the Legislative Body Hearing the Superintendent withdrew his proposal and therefore, no furloughs for paraprofessionals.
3.Experience Step Advancement
(Issues 1, 2, 3 & 4 are interconnected in the Special Magistrate Recommendations)
MEA proposes to implement the Experience Step Advancement at the beginning of the 4th quarter for this year and revert to the previous language providing for Experience step advancement at the beginning of the year. The structure of the schedule accounts for step advancement based on experience and the expectation of yearly attrition as employees retire or terminate employment. The savings from attrition between years is more than the cost of the step advancement. MEA accepts the recommendation of the Special Magistrate. 
School Board adopted a motion to retain the previously imposed language that states that experience step advancement will occur only if negotiated and no experience step advancement for 2011-12. (Motion made by Mr. Gause, second by Ms. Harvey, approved 3-2 with Ms. Aranibar and Ms. Carpenter dissenting)
The Superintendent proposes to NOT implement steps and there should be no step advancement unless and until negotiations are complete each year. Step advancement is not included in the budget for 2011-12, but attrition savings have been included in the budget. The Superintendent rejects the recommendations of the Special Magistrate.
4.Health Insurance plan and premiums
(Issues 1, 2, 3 & 4 are interconnected in the Special Magistrate Recommendations)
MEA proposes to implement the recommendations based on several months of meetings of the contractual Health Insurance Committee. Premiums increase an average of 19% for employees and 6.9% for the Board for the 2012 plan year. Implement plan design changes to the Blue Choice Plan only. MEA accepts the recommendation of the Special Magistrate to implement the MEA proposal on Health Insurance.  
School Board adopted a motion to implement the Health Insurance Committee recommendations for health premiums and plan design modifications effective June 1, 2012 with premium deductions in May 2012 payroll deductions. (Motion made by Mr. Gause, second by Mr. Kinnan, approved 3-2 with Ms. Aranibar and Ms. Carpenter dissenting)
The Superintendent proposes to implement the 2nd year of the Mercer plan, a plan based on 2009-10 budget data, partially imposed last year that increases employee premiums by 29% and Board premiums by 4.9%, with a reduction in Board premiums for employee coverage in the Blue Care HMO plan.   During the hearing the Superintendent proposed to accept the Health Insurance Committee recommendations effective June 1, 2012 with premium payroll deductions changing with the May 2012 deductions.
5.                5. Additional HMO Health Plan
Although the Union prefers to delay the implementation of a new health option until the contractual joint Health Insurance Committee has had the opportunity to review the plan design and to hear from the plan’s Third Party Administrator about the impact of the new option on the plan and participants, MEA accept the Special Magistrate Recommendation pertaining to an additional HMO plan option. MEA is concerned that employees would choose this plan based on low premiums without recognizing the higher deductible, higher out of pocket expenses and generic drug coverage only requirement.
School board adopted a motion to include the additional HMO Care 52 plan effective June 1, 2012. (Motion made by Mr. Gause, second by Ms. Aranibar, approved 5-0)
Add an additional lower level HMO product with lower premiums, less benefits, higher employee deductibles, higher out of pocket expenses and generic drug coverage only. The Superintendent agreed to implement this option in negotiations with the AFSCME bargaining unit. The Superintendent rejects the recommendations of the Special Magistrate.
6.             Life Insurance
MEA accepted the Superintendent’s proposal and MEA accepts the Special Magistrates recommendation regarding changes to the Life Insurance Benefits.
School board adopted a motion to reduce the District paid Life Insurance benefit to one times the employee’s salary, with the option for the employee to purchase the additional benefit at the employee’s expense. (Motion made by Mr. Gause, second by Ms. Carpenter, approved 5-0)
The Superintendent proposes to reduce the Board paid Life Insurance benefits from two times the employee salary to one times the employee salary, effective April 1, 2012. Employees would be able to purchase the one times coverage not paid by the Board without evidence of insurability. The Superintendent rejected the recommendations of the Special Magistrate.
7.                Terminal Pay
MEA proposes to revert to the Terminal Pay language in place prior to the imposed changes in June, 2011. MEA continues to be concerned about this issue due to errors made by the payroll department and the inability of the District to provide information on employee leave records prior to the beginning this year. MEA accepts the Special Magistrate recommendation to return to the prior language.
School board adopted a motion to retain the previously imposed modifications to the Terminal Pay benefits. (Motion made by Mr. Gause, second by Ms. Harvey, approved 4-1 with Ms. Aranibar dissenting)
The Superintendent proposes to maintain the changes in Terminal Pay imposed in June, 2011 that reduces the payout for unused sick leave after July 1, 2011. The Superintendent rejected the recommendations of the Special Magistrate.
8.Virtual Educators
MEA and the Superintendent proposed a newly negotiated joint language proposal pertaining to Virtual Educators that includes language protecting the working conditions, including work hours of teachers assigned to the District’s new eTech, Virtual Education program and states that the District shall the necessary computer hardware and internet connections required for the job. 
School Board adopted a motion to include a mutually proposed contract language provision related to Virtual Educators that includes the district providing the necessary technology. (Motion made by Mr. Gause, second by Ms. Carpenter, approved 5-0)
MEA and the Superintendent proposed a newly negotiated joint language proposal pertaining to Virtual Educators that includes language protecting the working conditions, including work hours of teachers assigned to the District’s new eTech, Virtual Education program and states that the District shall the necessary computer hardware and internet connections required for the job. 
Tentative Agreements reached prior to Impasse between MEA and MCSD
TEACHER COLLECTIVE BARGAINING AGREEMENT
Article
Issue
Tentative Agreement
Date of TA
Article I, Section 2
Waivers to Contract
MEA and MCSD tentatively agree to modify the minimum threshold for a waiver to be accepted at a worksite to be “A minimum of seventy-five percent of the members of the affected bargaining unitvoting on the waiverto approve the waiver
July 14, 2011
Article II, Section 3
 
 
 
Definition teacher
 
 
MEA and MCSD tentatively agree, for the purpose of the agreement to define a teacher as those persons in the bargaining unit “who work twenty (20) hours or more per week in a regularly established position.”
July 14, 2012
Article V, Section 11 (NEW SECTION)
Highly Qualified (HQ) Teacher
MEA and MCSD tentatively agree to include language in the agreement that states the requirements for all teachers to be certified and highly qualified and outlines provisions for teachers not HQ to become so including notification, timelines, assistance and consequences if conditions are not satisfactorily met under voluntary or involuntary circumstances.
July 14, 2011
Article V, Section 15
Reappointment Notification Date
MEA and MCSD tentatively agree to modify the date for notice for teacher reappointment on not reappointed for the ensuing school year in writing on or before “June 1” of each year. Modified from May 1st.
July 14, 2011
Article IX, Section 2
Sick Leave Statement
MEA and MCSD tentatively agree to modify the sick leave statement provided to employees to ensure that, each employee shall annually receive a report”designed to ensure the terminal pay provisions imposed in 2011 will be accurately maintained and reported to teachers.
October 5, 2011
Article XII, Section 10
Family Status Change related to Pre-tax benefit selections
MEA and MCSD tentatively agree to modify the language related to Family Status Changes that impact a bargaining unit member’s ability to modify their selection of pre-tax benefit levels. The modified language more closely follows current IRS 125 rules.
July 14, 2011

 

NOTE: Several issues were raised in negotiations in which the parties agreed to retain the current language at this time and therefore do not appear in this document.

 

Tentative Agreements reached prior to Impasse between MEA and MCSD
PARAPROFESSIONAL COLLECTIVE BARGIANING AGREEMENT
Article
Issue
Tentative Agreement
Date of TA
Article II, Section 3
Definition of “Employee”
MEA and MCSD tentatively agree, for the purpose of the agreement to define Employees as those persons in the bargaining unit “working 20 or more hours per week in a regularly established position.”
July 14, 2011
Article IX, Section 2
Sick Leave Statement
MEA and MCSD tentatively agree to modify the sick leave statement provided to employees to ensure that, each employee shall annually receive a report”designed to ensure the terminal pay provisions imposed in 2011 will be accurately maintained and reported to employees.
October 5, 2011
Article XI, Section 3
Health Insurance Committee Composition
MEA and MCSD tentatively agree to modify the composition of the Health Insurance Committee from eight total voting members to “sixteen (16)” members. “Eight (8) members, including the chair, shall be appointed by the Superintendent and eight (8) members shall be appointed by the Union.”
July 14, 2011
Article XI, Section 12
Family Status Change related to Pre-tax benefit selections
MEA and MCSD tentatively agree to modify the language related to Family Status Changes that impact a bargaining unit member’s ability to modify their selection of pre-tax benefit levels. The modified language more closely follows current IRS 125 rules.
July 14, 2011
MOU
One to One Teacher Aides
MEA and MCSD agreed through a Memorandum of Understanding on several issues impacted by a change in job description for ESE One to One paraprofessionals that are assigned district wide from ESE rather than at a particular school
October, 2011

 

NOTE: Several issues were raised in negotiations in which the parties agreed to retain the current language at this time and therefore do not appear in this document.

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