Bargaining

Bargaining Update - April 21st 2015


Additional Tentative Agreements reached on Monday, April 20, 2015


*See April 13 update for previous Tentative Agreements

  • BCLAD stipend for all teachers who hold a BCLAD certification, with no other requirements
  • Addition of dental and vision benefits for STIP Substitute Teachers
  • District-wide Counselor ratio of 600:1 for grades 6-12
  • Addition of 6 grade to the Counselor ratio for regular services
  • Two days of release time per year for Speech and Language Pathologists (SLP)
  • Reimbursement of required mandatory professional dues for SLPs
  • Limit of 12 initial IEPs per year for Resource Specialists (RS)
  • One hour of paid prep time for Adult Ed Hourly members who work ten or more hours per week

Bargaining Update - April 13th 2015

A Message From Your OEA Bargaining Team

First of all, thank you to everyone who has engaged in support activities around this negotiation. Whether you came to a school board rally, participated in site actions, worked to rule, held a parent meeting, or emailed a school board member or any of the myriad of other actions OEA members have taken, you are all deeply appreciated and have made a difference at the table.

Your OEA bargaining team continues to fight for the values you told us were critical to you:

• Educator voices need to be heard and our judgment to be respected.

• We need to attract and retain educators who will make Oakland students their life’s work instead of a training ground for other, higher paying Districts.

• Current contract language protections must be maintained.

• Local school communities should have a substantial say in identifying and selecting training topics and providers.

• Quality instruction requires regular time within the workday to process new ideas, prepare lessons and reflect on how to integrate them.

• A well-rounded education includes the arts, music and physical education should be an integral part of the school day and provided by trained professional educators.

• A greater investment is needed at the school sites to keep class sizes low and provide support and services for struggling students.

• Students need on-site counseling and psychological services provided by professionals with the appropriate state credentials at every site.

• Seniority rights of members must be protected.

We understand that a Tentative Agreement means nothing unless ratified by the membership. A Tentative Agreement that is not acceptable to the membership in ratification means the Bargaining Team has not represented the membership’s priorities. Therefore, your OEA Bargaining Team takes seriously what the membership has communicated and the on-going feedback and perspectives provided from individual members, caucuses and representatives from member groups, and elected leadership when making decisions at the table.

Our goal is to bring the membership a Tentative Agreement worthy of ratification and strong enough to build the bridge to the next round of negotiations. Bargaining is inherently uncertain until you have a ratified agreement. The lack of absolute answers creates an uneasiness that makes members vulnerable to the slightest rumor or innuendo. Your OEA Bargaining Team understands the difficulty that members may be experiencing in the context of the bargaining format we are engaging in at this time. We experience these very same emotions as we explore different paths to a solution but your support has kept us focused and strong.

While we have all experienced frustration at the pace of bargaining, some real progress has been made. OEA and OUSD have reached some Tentative Agreements that reflect our shared values and beliefs.

• Recognition of Adult Education Hourly Teachers as part of our bargaining unit

• Creation of an alternative evaluation cycle for some members who have demonstrated a level of proficiency to participate in a five year cycle instead of the current two year.

• Ensuring protections under Ed. Code regarding use of video and/or recording devices in non-‐classroom areas to enhance school safety

• Creating a Faculty Council-like Special Education Committee in order to improve communication and collaborative problem-solving

Other areas of movement in contract negotiations:

• Agreement that any increased work time will be compensated.

• OUSD meeting the class size language of an average of 24:1 in TK-­3rd grade in 2015-­2016, five years before the state will require it.

• Providing dental and vision benefits for STIP substitute teachers

•BCLAD stipend for all teachers who hold a BCLAD certification, period.

• A real, if still inadequate, salary proposal.

These gains are directly due to the solidarity built throughout Oakland among OEA members, parents, and our community allies. We must continue to build it through a variety of tactics: attending rallies, marches, and other mobilizations. We must continue to communicate regularly with school board members and the community to let them know how important it is to reach a settlement now.

We must continue to organize and build relationships with each other at our school sites. This is imperative. Talk to each other, listen to each other, break bread with each other, support each other, and make sure that we have each others backs by ensuring systems protected by contract language or state law are in place: faculty council, school site council, length of your school day, etc.

Your OEA Bargaining Team thanks you and appreciates your patience, support, and trust during this time. Our on-going and collective efforts are what will help OEA members win a fair contract now and in negotiations to come.

Kei Swensen

OEA Bargaining Team Chair

Sankofa Academy


Jennifer Formoso

Thornhill Elementary


Steve Randall

Lafayette Elementary


Vincent Tolliver

Claremont Middle


Doug Appel

CTA Primary Contact Staff

***************************************************

BARGAINING UPDATE - March 22th, 23rd, and 24th, 2015

The OEA and OUSD Bargaining Teams worked for 3 days, from 9:00am to almost 6:00pm. These meetings were not constructed to exchange language or reach formal agreements but rather to generate ideas based on values and interests that may eventually lead to acceptable proposals. Although no agreements were made, there was constructive engagement between OEA and OUSD Bargaining Teams around:

Article 12 Transfer: timeline for filling vacancies, voluntary transfers, and assignments

Article 15 Class Size and Caseload: addressing Programs for Exceptional Children

Article 21 Special Services: addressing counselor ratios, adult education hourly member preparation time and payment options, addressing the number of initial assessments assigned to individual to resource specialists, and increased supports for speech and language pathologists.

Parties have made a serious commitment of time by scheduling additional sessions both during the week and on the weekend:

April 19th, 20th, and 21st

April 26th and April 27th

May 11th, 12th and May 26th

***************************************************

BARGAINING UPDATE - March 9 and 10, 2015

On March 9th and 10th the OEA and OUSD bargaining teams met. Although no agreements were made, there was constructive engagement between OEA and OUSD representatives around the articles below.

Article 21 Special Services: Counselor ratios and Adult Education Hourly preparation time and payment options.

Article 25 Peer Assistance and Review: Confidentiality of Interim Progress Reporting between Referred Teacher and Consulting Teacher.

Both Bargaining Teams decided to forego, for the time being, the passing of hard language across the table and instead passed ideas and "supposeables" that reflected the interests of both parties but are non-binding.

The OUSD Bargaining Update again referred to an additional 1.5% salary increase if OEA agreed to align our health care premium cost to the other OUSD bargaining units. This needs further clarification. 

HEALTH BENEFITS ARE NOT A PART OF THE CURRENT NEGOTIATIONS. No changes to health benefits will result from the current bargaining.

What OUSD has previously proposed, in separate bargaining on health care, is that Kaiser remain free and OEA members with the Health Net plan pay the difference in premium costs between Kaiser and Health Net. Most other OUSD unions have that in their agreements.

What would that difference look like?


 2014-2015 KAISER HEALTH NET  DIFFERENCE
 Employee   548.21  783.58  235.37
 Employee +1  1096.42   1539.49  443.07
 Family  1551.43   2227.72  676.29


The parties have made a serious commitment of time by scheduling more sessions both during the week and on the weekend:

March 22nd, 23rd, and 24th

April 19th, 20th, and 21st

May 12th and May 26th

***************************************************

OEA Bargaining Update - February 24, 2015

On February 24, 2015 the OEA and OUSD bargaining teams met.

The OUSD bargaining team presented a package proposal to your OEA team in response to our package proposal presented on February 10th, 2015.

In summary, the only change from the district's prior package is in Article 24: Compensation. They are now offering 0.5% more for 2015-2016 bringing their offer from 3.0% to 3.5% beginning January 1, 2016.

Both teams felt a bit stuck in the process that we have been engaging in so far. We also agreed that we are not ready to call it quits. In an effort to move forward from this point, both teams agreed to engage in a different process at the table. Rather than "taking turns" on presenting proposals and waiting for the other side to make movement, we will attempt to co-construct proposals in areas where we feel stuck. Ideas and options will be generated to examine each party's interests on key articles, and areas of concern will be tackled with the goal of reaching contractual solutions.

Officially, these conversations will be non-binding, parties will preserve their prior (pre-package) positions and proposals, and parties may still opt to present counter proposals.

Both teams also agreed that in order to create a safe climate where risk taking and candid and courageous conversations can occur what is postulated would remain confidential. Information will be made public as soon as either side makes a formal proposal or when any agreement is reached on an article.

Both parties have made a serious commitment of time by scheduling more sessions both during the week and on the weekend:

March 9th and 10th

March 22nd, 23rd, and 24th

April 19th, 20th, and 21st

May 12th and May 26th

More sessions may be scheduled for the month of May after an assessment of progress in March.

***************************************************

Bargaining Update 2/10/15

On February 10th, 2015 the OEA and OUSD bargaining teams met.

Your OEA bargaining team presented a package proposal to the OUSD team in response to their package proposal presented on January 27, 2015.

The intent of package proposals is often to signal priorities to the other party. With the approval of the OEA Executive Board, your OEA Bargaining Team crafted a package proposal. In summary, we have changed our position on the term of this agreement and extended it to include the 2016-2017 school year.  This allowed us to change our position on when implementation of student centered demands like extra preps, caps on Sp. Ed. class size/caseloads, decreasing counselor ratios, as well as salary increases would begin. The goal is to give the district more time to reprioritize its budget and current allocations to meet our demands sooner rather than never. 

At the close of our session, the OUSD team clearly communicated that they have not been given the authority to reach a settlement without their proposal on Article 12 Assignment/Transfer/Vacancy/Consolidation Policy and Article 27 Task Force To Implement School Site Flexibility And Intensive Support Schools Intervention.  They also said they do not have the authority to reach an agreement that includes caps on special education class sizes/caseloads.

It was made explicit that there is no settlement without OEA members conceding current contractual protections in Article 12. Currently, when vacancies occur, OEA members displaced by school closure or consolidation or involuntary transfer or when returning from leave, have the right to choose positions based on seniority.  Seniority is not the key determinant for filling vacancies except in these situations.  The District has proposed giving principals essentially 100% decision making power in personnel selection, creating an alternate job pool of those displaced from their classrooms, and placing new and current educators at the same level in placement priority. Their proposal around Article 27 would allow schools to circumvent the existing contract waiver process to give the district flexibility in implementing unproven education “reforms” like those at non-union charter schools whose educators have no contractual rights.

Please keep yourself informed! Follow the links below to read the exact language presented by both your OEA Bargaining Team and the district team.

OEA Package Proposal

OUSD Package Proposal

**********************************************************

OEA Bargaining Update - January 27th

January 13th Negotiation Session

Article 9 Academic Freedom

OEA clarified the intent of our proposal by adding the following language so it now

reads:

“Academic Freedom includes, but is not limited to: teacher initiative and flexibility in the design, sequencing, and pacing of any and all courses they teach. This shall be based on student needs, as determined by the instructor. This shall not be construed as exempting unit members from ensuring all students are provided instruction to meet adopted state frameworks and standards.”

Article 10 - Hours of Work

OEA altered our proposal for increased prep time in elementary schools to

those with 90% unduplicated pupil percentages, rather than 80%.  

Article 15 Class Size and Caseloads

The district responded to our proposal that calls for escalating payment to a teacher when class size maximums are exceeded after the balancing period. The purpose of the escalation was to create a financial disincentive for such overages. The district offered to compensate teachers, but the amount was too small and without an escalation over time. We feel that their proposal incentivizes them to exceed class size maximums.

Article 21 Special Services and Specialized Assignments

The parties agreed to a stipend of $1500 to all holders of a BCLAD and to extend dental and vision coverage to our STIP Subs. OEA maintained our proposal that 6th grade be included in computing the counselor ratio at 500:1, but removed our demand that every elementary site have a 0.4 FTE counselor assigned. We also removed our proposal for laptops for speech and language pathologists, but maintained the rest of our proposals.

January 27th Negotiation Session

OEA’s proposal for class size maximums in elementary schools with an unduplicated pupil percentage in excess of eighty (80) percent has been changed to ninety (90) percent effective the 2015-2016 school year. The maximum student contacts in secondary schools with an unduplicated pupil percentage in excess of seventy five (75) percent has been changed from 150 total contacts to 10 fewer contacts.

This language does not alter our prior position. Please see the side-by-side comparison of proposals for more details regarding disincentives for class size overages.

The OUSD team presented OEA with a comprehensive package proposal. This Package was presented as one unified proposal. It must be accepted or rejected in its entirety.

While some components contain significant movement, many of our priorities have not been addressed: moving our salaries closer to the median of Alameda County, reducing counselor ratios, hard caps for Sp.Ed classes, and supporting schools with concentration of poverty, English language learners, and foster children.

OUSD’s Package Proposal

As a part of this package, the District maintains its previously stated proposals on

the following Articles:

9-Academic Freedom

12-Assignment/Transfer/Vacancy/Consolidation Policy

15-Class Size and Caseload

25-Peer Assistance and Review

Article 1: Term of Agreement

The district proposes the term of this agreement to be:

2013-2104: From July 1, 2013 through June 30, 2014; and 2014-2015 through 2016-2017: From July 1, 2014 through June 30, 2017.

The district also proposes presentation of bargaining proposals for a successor Agreement on or about December 1, 2016 and bargaining to begin not later than January 15, 2017.

The district proposes to reopen negotiations during the term of this agreement in

the following areas:

Article 13 Performance Evaluation

Any Articles necessary to address Career Pathways, which may include Compensation

Article 22 Early Childhood Education Centers

Article 24 Compensation for the 2016-2017 school year

Article 25 Peer Assistance and Review

Article 27 School Site Flexibility Process Task Force and any other Articles necessary to address task force work, which may include Hours of Work,Transfer/Assignment/Vacancy/Consolidation Policy

Article 10: Hours of Work

The districtproposal to extend the duty day for 30 minuteon minimum days for collaborative work has been revised.

Their revision is to clarify that however time is spent will be determined at the site level.

It is still contingent on the district receiving additional funding to cover the costs of paying members an equivalent of a 1.5% salary increase for the extra 30 minutes on minimum daysIf funding is available, the District proposes implementation of extended collaboration time beginning the 2015-2016 school year and will be applied to all salary schedules and substitute rates.

Article 21: Special Services

The district has now agreed to our proposal that each speech and language pathologist shall be provided two release days to complete mandated paperwork. They have also proposed a stipend of up to $500, contingent on available funding for speech and language pathologists. Our proposal calls for at least $500 with no contingencies. The district has offered adult education hourly members teaching ten hours per week or more one hour of paid preparation time per week in addition to their instructional hours. This hour shall count towards eligibility for health benefits.

Article 24: Compensation

The following increases will be applicable to all salary schedules, adult education hourly employees and substitute teachers: 

2014-2015 School Year

3% increase beginning in January 2015 and a one-time bonus of approximately 0.7% contingent on available revenue and the cost of a 1% increase at that time

2015-2016 School Year

3% increase beginning in January 2016 contingent on the district receiving the amount of increased funding they presently project.

4% increase beginning July 2016 contingent on the district receiving the amount of increased funding they presently project. Effective the 2015-2016 school year all new OEA members shall begin at step 2 on the salary schedule.

Members who are assigned to an Intensive Support School shall advance 2 steps on the salary schedule for every year they are at an Intensive Support School. Members maintain their current placement on the salary schedule if they are no longer at an Intensive Support School.

2016-2017 School Year

Reopen negotiations

In the event that contingencies are not met, the district has provided a formula that would still increase compensation based on the amount of increased funding received.

Article 27: Task Force to Implement School Site Flexibility and Intensive Support Schools Intervention (replaces “New Schools” language)

The district maintains a proposal to implement school site flexibility (selection of staff, schedule and calendar, budget, student assignment, and curriculum and assessment) for schools designated as intensive support schools that need intervention and high performing schools that choose to design a plan. The proposal calls for the creation of a joint OUSD/OEA Task Force that will design procedures, application (and other) forms, templates and to address any other matters necessary to implement this article.

OEA/OUSD Side-by-Side Comparison

*****************************************************************

OEA Bargaining Update December 2014

On December 9th and 16th 2014 the OEA and OUSD bargaining teams met. The agenda for the day was structured to improve each team’s understanding of perspectives in order to move bargaining forward. The agenda and goals were co-­‐created by members of both teams.

The following is a list of Working Agreements that were used:

• We are not exchanging formal proposals.

• We will issue a process update.

• Our conversations will be open and honest-­‐they are happening outside of

the context of bargaining, but are intended to inform the bargaining process when we re-­‐engage.

• We share the risks, the responsibilities, and the benefits of agreeing to engage in this kind of exploratory conversation.

• We will monitor our airtime and ensure that all voices are heard respectfully.

• We will limit the use of technology (texts, emails, phone calls)

• We will use the past/history as a frame of reference and focus on

the now and moving forward.

The goals were to:

• Engage in a grounding activity to name the influences that are at play in our current context.

• Develop a shared understanding of the problems we are trying to solve through the negotiations process.

• Develop a shared understanding of the rationale for our respective proposals.

• Share ideas on possible solutions to problems stated.

Both teams spent time in a brainstorming activity that named and framed the context of working in OUSD. We identified 51 factors. Then, each team shared some problem statements that reflect conditions in Oakland.

Using a structured process and taking one problem statement at a time, each team attempted to get a better understanding of the problem statement submittedby the other.

Both teams evaluated the process and concurred that the sessions allowed parties to gain a deeper understanding of perspectives and concerns, and therefore was productive.

Next Steps

Both teams agreed to continue formal bargaining and scheduled future sessions on the following Tuesdays:

January 13 and 27

February 10 and 24

March 10 and 24

*******************************************************


What happens during bargaining?


Learn about the State of California's
Collective Bargaining Process

View the slide show
How We Got Here:

OEA’s Long Fight for Quality Public Education and a Fair Contract.
(A history of bargaining in the OEA through pictures produced by OEA's Craig Gordon)
OR download the Power Point with effects.



Your OEA Bargaining Team Members


Kei Swensen, Chair, Sankofa Academy

Steve Randall, Lafayette Elementary School

Vincent Tolliver, Claremont Middle School

Jennifer Formoso, Thornhill Elementary School

Doug Appel, CTA staff