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While burning the midnight oil the other day, I came across a great list of subjects within the scope of bargaining and one listing subjects outside the scope. The lists below were compiled by the California Public Employee Relations Program at UC, Berkeley, and were reported in the Pocket Guide to the Educational Employment Relations Act. Although the list is not all inclusive, it covers most issues PERB decisions have addressed to date: Subjects Within the Scope of Bargaining affirmative action
arbitration, binding, or discipline
arbitration, binding, of grievances
benefits, including post-employment
benefits for current employees
bidding procedures for job assignment
calendar, school
caseloads
classloads
class size
compensation
compensation, expanded criteria for contracting out bargaining unit work
disciplinary procedures
discrimination--sex, race, religion, etc.
discrimination--union activity
dues, other payroll deductions
grievance procedures
health care plans
holidays
hours of work, instructional day
job or duty assignments
job reclassification
layoff effects: notice, layoff order, reinstatement rights
negotiations groundrules
overtime work, assignment of
personnel files, entries
personnel files, union access to
preparation time
promotions
reduction in hours in lieu of layoff
released time
retirement, early
safety
seniority
student grievance policy
tools and equipment
training, in-service, if impact on wages, hours
transfer of bargaining unit work outside unit
transfers
union access to employer facilities,including bulletin boards, mail system, equipment
union right to be present at grievance meetings
union right to information related to representation
Subjects Outside the Scope of Bargaining (meaning either side can implement changes unilaterally): advisory committee formed by employer
agency or fair share fees, amount of
budget process (does not include the budget figures themselves however)
decision to stop operating federally funded program
employees outside unit, matters affecting
layoff, decision to implement
layoff, timing of
non-smoking policy
position elimination, ceasing a function
staffing needs
union right to seek unit modification
union statutory right to file grievances in its name, to arbitrate without consent of grievant
Seeing these lists at one time will give you some idea of the complexity of the job your Negotiating Council and Negotiating Team have undertaken on your behalf. Behind each of the categories lies a myriad of legal decisions and legislation with which negotiators must familiarize themselves. In addition, once the contract language is in place, it must be enforced through the internal grievance process detailed in the Agreement and, failing resolution during that process, through Administrative Law Review arbitration, a stringently mandated process. The grievance process is primarily vested in the hands of the Vice President who does triple duty as Chair of the Grievance Committee (the VP also heads the editorial committee for the FAB). As you review the lists above, jot down ideas that you think would improve our contract and send them to me by campus mail or by email
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. In addition, when you run across contract language and/or articles on the above topics that might help us hack our way through the veritable thicket, please send copies to me. I might not have time to acknowledge every bit of information sent to me; but please know that I read everything and, where appropriate, pass it on to others. Wouldn’t it be great if the next list I publish for you could be a long one outlining the successfully negotiated provisions of the new contract? However, even with a lot of midnight oil on our part, nothing can be settled until the District agrees to talk money and comes forth with accurate and complete accounting information, some of which was requested as long ago as April. Your Negotiating Team (Teri Bernstein, Chief Negotiator; Alan Buckley and I) and your Negotiating Council (Harvey Stromberg, Carol Beckstead, William Price, and Eleanor Singleton) will continue negotiations through the summer despite the fact that the District has refused to provide reassigned time for the team. (During the Fall and Spring semesters, the District pays reassigned time of 40 percent to the Chief Negotiator and the President; and the Association usually buys another 20 percent for the third team member). Various people have commented on the pettiness of the District’s stance on this matter and have speculated about the District’s possible strategies. One possiblility: "a tired negotiator is an easy mark." However, knowing my tendency to transform into Godzilla when overly tired that one won’t work! Back to the midnight oil! ---Fran Chandler
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