Collective Bargaining and the Role of the Superintendent

1. Collective Bargaining and the Role of the Superintendent Presented by Rick Thompson San Juan Island School District #149 July 30. 2013: WASA Superintendent’s Orientation

2. Scenario #1 The WEA Representative informs you that the members of the local union will begin picketing before the board meeting at 6:00 p.m. tonight. How will you respond?

3. Scenario #2 After 12 bargaining sessions and near settlement, your local bargaining team lets you know that you are “only” $15,000 apart from settlement. You have countered twice before with your last and final offer that did not include this $15,000. How will you respond?

4. Scenario #3 Members of your local teachers association ask you to present to the school board, at a meeting scheduled next week, their petition to avoid paying a representation fee. Other members of the same unit are adamant that the fee should be paid. How will you respond?

5. Scenario #4 Due to legislative delay in an environment of declining enrollment, you propose 5 furlough days for all classified staff after the bargaining year has begun. Staff object. You have 4% more budget reductions needed. How will you respond?

6. Some perspective… In your role of Superintendent you will have multiple duties. Attending to labor relations is an important duty. How you feel, what your experiences are, what you think, and how you respond to this duty to bargain in Washington State are important to your Superintendency. You set the tone, establish the boundaries, and describe the process to fulfill labor relations requirements, both now and in the future. • Implications for your practice include: • Morale of staff • Instruction of students • Safety of staff and students • Benefits for employees • Working conditions • Community employment base • School Board relations To do: In your entry plan, know all labor contracts, their dates, and those responsible to bargain them. Quickly assess the status of the District for all represented and non-represented groups.

7. Economics:Dollars and cents will drive most bargaining processes. Consider: • Overall fiscal health of the district • Wages and benefits of all employees • Other “percs” with hidden costs, this year and next • Raises compounding on last year’s base • Comparability and conflict between internal unions • Long term implications in light of uncertain state revenues • Changes in federal laws related to employment • Comparability outside of your community To do: Get a quick summary of district fiscal health and also your labor commitments.

8. Bargaining Process • Recognize that this is a way to solve district problems. • Prepare the district team ahead of time with your list of key issues. Do this well in advance. • Review contracts before heading to table – be prepared! • Prepare support staff (HR, payroll, Business Manager, fiscal) to assist you in the process. • Prepare the board in advance, understand that you represent them. • Decide on bargaining style early, but be flexible. • Determine roles in bargaining, e.g. spokesman, note taker, media, etc. • Get a calendar established early. • Meeting time, place, food, etc. can be very important. • Break the ice, start off collegially by building relationships. • Public interest is in salary and benefits. Styles include traditional, collaborative, and interest-based.

9. Preparing to work with the Board • Note OPMA applies (executive session). • What are the board’s economic limits? • Are there practices the board wants to change this bargain? • Do you have a board or district spokesperson? • Should a board member sit at the table? What is their role? • Can you advise the board of consequences stemming from the direction they may want to take? • The Board’s role is to set policy, be the voice of the community, and ratify the agreement. Reminder: Your role is to keep in mind the best interests of the district as a whole, for the near term and the long term. The board lives with your commitments at the table, so be cautious in making early commitments.

10. Avoid “trigger” language Emphasize Team …that relationships can get strained in this context. This process reveals individual beliefs and assumptions about labor and management. • Avoid • “you always…” • “you never…” • “I told you…” • “We did that…” • “We won’t…” • “How dare you…” Understand… Exercise calm and patience, they look to you to lead!

11. Develop media/communication strategy as necessary Be prepared with simple understandable messaging Know external media Know external blogs, social media Use Internal email communication Board communications must be on-going Develop front line district staff talking points Utilize website and social media Post on other message boards in community Form a Superintendent Advisory Council Remember to communicate with employees Reminder: Public Records Act

12. Consider Using an Attorney or Labor Negotiator • Estimate the cost in time if you are not using a professional. • Estimate the cost in actual expenditures in using a professional. • Revise retainer agreement if possible. • Revise or develop contractual service to meet your needs. • Make sure that there is a fit for your district’s needs and goals. • Seek proposals, references, and interview prospective help. Know your district’s bargaining history and culture Understand Association leadership, big events and ongoing or unresolved issues, and unfunded obligations. Be sure to make everyone a part of your team, and know you can access the Public Employee Relations Commission. Expect internal disagreements among the members themselves. Association leaders can carry a lot of power and outlast the Superintendent.

13. In Summary… • Schedule regular labor management meetings, just to talk. • The contract needs to be upheld by both sides. • Build the relationship over time. • Make sure the data is comparable and comprehensive. • Expect economic contraction – doing more with less. • Don’t be surprised by tactics. Anticipate personal attacks. Remember: Bargaining is one part of your labor climate. Staff will look for consistent behavior over time in many contexts.