Select Page

District Policies

Viewing Policy: SP 4143 Negotiations/Consultation



NEGOTIATIONS/CONSULTATION

 

The County Superintendent shall negotiate in good faith with exclusive employee representatives on wages, hours of employment, and other terms and conditions of employment identified in law as being within the scope of representation. (Government Code 3543.2)

 

When the Department intends to make any changes within the scope of representation, it shall give reasonable notice to the exclusive representative for the purpose of providing the exclusive representative a reasonable amount of time to negotiate the proposed changes.  (Government Code 3543.2)

 

Release time for a reasonable number of employees to participate in negotiations without the loss of compensation shall be established in the respective collective bargaining agreements.  (Government Code 3543.1)

 

The County Superintendent believes that effective negotiations requires preparation and input including from his/her administrative team. The County Superintendent shall establish a bargaining team to assist in analyzing contract provisions and conducting contract negotiations.

 

The County Superintendent shall provide the chosen negotiator(s) with expected outcomes and parameters for acceptable contract provisions which promote the realization of Department goals and priorities.

 

Certain meetings related to negotiations shall not be open to the public in accordance with Government Code 3549.1 and 54957.6, except as otherwise required by law.

 

The County Superintendent or designee shall  monitor the progress of negotiations and carefully consider how proposed contract provisions would affect the Department’s short- and long-term fiscal, programmatic, instructional, and personnel goals.

 

Initial proposals of bargaining units and the Department shall be made public prior to initiating negotiations and major provisions of tentative agreements shall be made public before final approval.  (Government Code 3547, 3547.5)

 

In the event of an impasse in negotiations, the County Superintendent shall participate in state mediation and fact-finding procedures pursuant to Government Code 3548-3548.8.  (Government Code 3543.5)

 

 

 

 

 

 

 

 

NEGOTIATIONS/CONSULTATION  (continued)

 

If the Department ever has a qualified or negative certifications on an interim fiscal report, it shall allow the State Superintendent of Schools (SPI) at least ten (10) working days to review and comment on a tentative agreement. The SPI shall be provided all the relevant information to review the financial impacts of the proposed agreement.  The SPI shall notify the County Superintendent if the tentative agreement could endanger the fiscal well-being of the Department.  (Government Code 3540.2)

 

Any agreement adopted by the County Superintendent may be for a term not to exceed three years. (Government Code 3540.1)

 

Following adoption of the collective bargaining agreement, any subsequent amendments shall be executed in writing by the County Superintendent and the employees’ exclusive representative.

 

Consultation

 

The exclusive representative of certificated staff may consult with the County Superintendent on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks.

 

 

Legal Reference:

GOVERNMENTCODE

3540-3549.3 Educational Employment Relations Act

 

Management Resources: CSBA PUBLICATIONS

Collective Bargaining DVD-ROM

Maximizing School Board Governance: Collective Bargaining Before the Strike: Planning Ahead in Difficult Negotiations, 1996 WEB SITES

CSBA: http://www.csba.org

California Public Employee Relations: http://cper.berkeley.edu Center for Collaborative Solutions: http://www.ccscenter.org Public Employment Relations Board: http://www.perb.ca.gov

State Mediation and Conciliation Service (SMCS): http://www.dir.ca.gov/csmcs/smcs.html

 

 

 

 

Policy Approved:12-12-18