News

Bradenton-On July 21, 2008, the representatives of the Manatee Education Association (MEA) will meet with representatives of the Manatee County School Board to begin customary bargaining salary, benefits and working conditions.

 

For months MEA has been corresponding with the Superintendent Roger Dearing in an attempt to set bargaining dates under the normal reopeners contained in the teachers’ and paraprofessionals’ contracts. Those talks are now scheduled for the week of July 21-July 25 as well as July 30 and August 1 if needed.

 

“MEA’s bargaining team will come to the table prepared to bargain openly and fairly,” said MEA President Pat Barber, “despite the distractions caused by Superintendent Dearing’s attempts to force an agreement using what he calls ‘parallel tracks.’”

 

Since 2004, MEA and the district’s administration have used a process called Interest Based Bargaining (IBB). IBB is a problem solving method traditionally facilitated by a Federal Mediator that requires parties to pose questions and openly share information as they address issues identified by both parties. Its success is based on the commitment of both parties to full disclosure and a good faith effort to work toward a mutually acceptable resolution.

 

In recent weeks, talks between the district and the union have been sidetracked by a series of time consuming and expensive legal battles resulting from the Superintendent’s premature declaration of a rarely used provision in the state statute called “financial urgency.” The latest bizarre twist came Thursday when the Superintendent rejected the ruling—which he requested—of a Special Magistrate even though the ruling was in the district’s favor.

 

“Fortunately, Assistant Superintendent Herb Tschappat has worked with MEA to coordinate bargaining sessions with the Federal Mediator,” according to MEA President Pat Barber, “and we look forward to getting down to the business of negotiating… while Superintendent Dearing continues down his “parallel’ track.”

The Manatee Education Association (MEA) did not participate in the Special Magistrate Hearing on July 1^st on the advice of legal counsel. The position of MEA – as explained to the Special Magistrate in advance of the hearing – is that such a hearing was not an appropriate nor legitimate legal proceeding given the district’s premature declaration of a rarely used provision in state statute called “financial urgency.”

MEA’s only option to protect the right to challenge the superintendent’s declaration of financial urgency was to, first, object to the appointment of a Special Magistrate and, second, to decline to participate in the hearing. Since there has been no bargaining, MEA disagrees that there is an impasse. The magistrate has no authority to rule on the improper declaration of financial urgency, therefore, participating in the hearing could be a waiver of MEA’s right to challenge that declaration. To further complicate the issues, even after declaring impasse, management agreed to bargaining dates beginning July 21st. It continues to be MEA’s intention to bargain.

MEA has acknowledged that all school districts in Florida are operating under extremely difficult financial constraints. However, this alone does not constitute “financial urgency” under Florida law. Allowing Manatee’s Superintendent to declare financial urgency could set a precedent that would permit all districts to declare financial urgency anytime they do not wish to meet their financial obligations under existing contracts. That is not the intent of the law. The law was intended to allow management to compel unions to the table when they were in a position of not being able to meet their financial obligations immediately – not in anticipation of a bad budget.

All 67 of Florida’s school boards were recently cautioned about prematurely declaring financial urgency and instructed to “do their homework” first. Every county --except Manatee and Taylor-- is doing just that; working hard to deal with tight budgets by exhausting all other possible cost cutting measures before proposing across the board pay cuts. Some of the options being considered include utilizing strategies to maximize FTE counts, shortening athletic seasons, reducing junior varsity/freshman athletic seasons, closing facilities during winter and spring breaks, eliminating lawn maintenance contracts, eliminating district administrative positions, offering early retirement incentives, eliminating salary bonuses for administrators, eliminating out of district travel, transferring property insurance payments to the capital fund, increasing facility rentals and eliminating district vehicle take home practices – to  name a few.

Manatee’s superintendent unilaterally decided that the easiest way to solve Manatee’s budget crunch was to reduce teacher and paraprofessional salaries and freeze their annual experience steps. He is  attempting to scare school employees, school board members and the public into submission by declaring that these are the only options for solving the district’s financial problems without laying- off employees. No one wants to see people laid off, but that threat is disingenuous since 180 teachers and paraprofessionals have already lost their jobs. Accepting a salary decrease in no way ensures that employees will remain employed. All it does is cut the spending power of 7,000 school employees.

The Manatee Education Association has offered on many occasions to meet in bargaining sessions with management. We looked forward to sitting down with management’s bargaining team to discuss all options for cutting expenses not just those involving salary decreases. The only request was that the superintendent lift the declaration of financial urgency and bargain under normal contract reopeners.

This is not the first time since becoming the superintendent in Manatee County that Roger Dearing has attempted to predetermine the outcome of bargaining without ever going to the bargaining table. The expectation of those involved in the bargaining process is that both parties come with an open mind to discuss issues related to salaries, benefits and working conditions.  It is time for our School Board to step up and insist that the district honor their obligation to bargain with its 7,000 dedicated employees in good faith.

The stakes for the children and citizens of Manatee County are high. If the two parties cannot come together and work to solve these issues, teacher and paraprofessional morale will continue to plummet and those who can will go work in districts where they feel valued and where that value is evident by competitive salaries and better working conditions.

The employees of the Manatee County Schools deserve more consideration than to have the collective bargaining process circumvented and the laws misused for the purpose of expediting the bargaining process. They deserve to have their employer negotiate in good faith with the MEA and consider every possible option for cost savings – rather than announce a predetermined fix.

 

Since teachers and paras left for the summer, MEA has continued to be in discussions with management about the issues related to bargaining.

 
Update As of June 23, 2008

Mutually agreed upon bargaining dates have been set by MEA and management.  Those dates are July 21-25 as well as July 31 and August 1.  They were the first available for all parties, including the federal mediator who facilitates the process.

 

MEA continues to review the district’s financial data in preparation for bargaining.

 
Recap

The superintendent demanded that bargaining begin and end by a time certain.  He declared “financial urgency” under section 447.4095, Florida Statutes.

 

MEA did not agree to the superintendent’s demand.  Although there are financial problems, the circumstances did not meet the standards of the law related to financial urgency.  In protecting the interests of our members and those of other public employees in Florida, the leadership of MEA in consultation with FEA legal determined that allowing the superintendent to misuse the law was not in the interest of those we represent and would set a standard that could negatively impact others.

 

The superintendent through the assistant superintendent has continued down the path he set by sending the first letter.  He has repeatedly sent demands through correspondence that MEA take his “orders”.  (Scroll down to read correspondence between MEA and management.)

 

MEA did not bend to the superintendent’s will, therefore, he sent what he called a “package proposal.” When MEA did not accept the proposal as he demanded, impasse was declared by management.

 

In spite of the scenario recapped above, MEA and management have mutually agreed to bargaining dates.

There is a serious financial crisis facing all school districts in Florida; however, each School Board will make decisions about how to deal with the lack of funding. This crisis is not brought about by the impact of the passage of Amendment 1.  It is brought about by the slowing economy and the shortfall in sales tax collection which is the primary source of funding for all public services, including education.

 

Unlike many other School Boards in Florida, Manatee County School Board at the recommendation of the superintendent has predetermined that the only solution to our district’s shortfall in funds is to cut pay and freeze steps. They have said that doing that will keep everyone employed.  However, this has not proven to be true.  The superintendent has non-renewed the contracts or forced the retirement of many non-bargaining unit employees (those not represented by a union) and required principals to non-renew any annual contract teacher or paraprofessional for whom there was no position at the school.

 

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