PreparationPreparation forfor

BargainingBargaining

PreparationPreparation forfor

BargainingBargaining

Presented ByPresented By

William F. Hybbeneth Jr.William F. Hybbeneth Jr.Taylor, Whalen and Hybbeneth Taylor, Whalen and Hybbeneth

ForFor

N.J.A.S.B.O.N.J.A.S.B.O.April 26 & 27, 2010April 26 & 27, 2010

The StakeholdersThe Stakeholders

The Board of Education.The Board of Education.

The StakeholdersThe Stakeholders

The Board of Education.The Board of Education.

The Superintendent.The Superintendent.

The Business Administrator.The Business Administrator.

The Administration.The Administration.

The StakeholdersThe Stakeholders

The Board of Education.The Board of Education. The Superintendent.The Superintendent. The Business Administrator.The Business Administrator. The Administration.The Administration.

The Community. The Community. The Students.The Students.

The StakeholdersThe Stakeholders

The Board of Education.The Board of Education. The Superintendent.The Superintendent. The Business Administrator.The Business Administrator. The Administration.The Administration. The Community. The Community. The Students. The Students.

The Teacher’s Association.The Teacher’s Association.

The BoE PREP

To establish the BoE commitment.

The BoE PREP

To establish the BoE commitment. To establish BoE commitment to $.

The BoE PREP

To establish the BoE commitment. To establish BoE commitment to $. To establish BoE commitment to

health benefit changes.

The BoE PREP

To establish the BoE commitment. To establish BoE commitment to $. To establish BoE commitment to

health benefit changes. To establish the clear relationship,

from the outset of negotiations, of the relationship between SALARY and HEALTH BENEFITS.

The BoE PREP To establish the BoE commitment. To establish BoE commitment to $. To establish BoE commitment to health

benefit changes. To establish the clear relationship, from the

outset of negotiations, of the relationship between SALARY and HEALTH BENEFITS.

To establish BoE commitment to ideas and contract language changes.

The BoE PREP

The BoE needs to think through it’s positions so that – at the table – it can make believers of the Association team.

Unless the Association believes that the BoE is serious & prepared, it has no reason to agree with the BoE at all.

The Superintendent’s PREP

KNOW the contract and the language issues that need to be addressed.

The Superintendent’s PREP

KNOW the contract and the language issues that need to be addressed.

KNOW how to deal with the language issues – don’t let the BoE members try to decide how to deal with them.

The Superintendent’s PREP KNOW the contract and the language

issues that need to be addressed. KNOW how to deal with the language

issues – don’t let the BoE members try to decide how to deal with them.

Provide the framework within which the BoE language proposals are developed.

The Superintendent’s PREP

BE the guide for the BoE Team

through the decision making process.

The Superintendent’s PREP

BE the guide for the BoE Team through the decision making process.

BE the guide for the entire BoE through the bargaining process.

The Administration’s PREP

Provide clear, concise, and accurate information about contract language issues to support the BoE language proposals.

The Administration’s PREP

Provide clear, concise, and accurate information about contract language issues to support the BoE language proposals.

To support the BoE throughout the bargaining process with other employee groups.

Setting Bargaining Setting Bargaining ParametersParameters

What kind of parameters What kind of parameters shouldshould we we set?set?

Setting Bargaining Setting Bargaining ParametersParameters

What kind of parameters What kind of parameters dodo we set? we set?

WISHWISH

Setting Bargaining Setting Bargaining ParametersParameters

What kind of parameters What kind of parameters dodo we set? we set?

WISHWISHvsvs

WANTWANT

Setting Bargaining Setting Bargaining ParametersParameters

What kind of parameters What kind of parameters dodo we set? we set?

WISHWISHvsvs

WANTWANTvsvs

NEEDNEED

Other parameter factors!Other parameter factors!

PRINCIPLES PREFERENCES

Other parameter factors!Other parameter factors!

PRINCIPLES

NEED

PREFERENCES

WISH

WANT

PRINCIPLESPRINCIPLES

These are the changes to the contract language that you won’t let go of.

PRINCIPLESPRINCIPLES

These are the changes to the contract language that you won’t let go of.

These are the health benefit changes that MUST be achieved.

PRINCIPLESPRINCIPLES

These are the changes to the contract that you won’t let go of.

These are the health benefit changes that MUST be achieved.

This is the salary settlement that cannot be exceeded.

The BoE Bargaining Team

o Who selects the Team?

o How much influence can YOU have with the BoE President to determine the BEST committee.

The BoE Bargaining Team

o The initial questions?

WHO can serve?

WHO can’t serve?

The BoE Bargaining Team

o The OTHER initial question?

WHO can serve?

WHO can’t serve?

WHO shouldn’t serve?

The BoE Bargaining Team

o The secondary question?

WHO sits at the tablefor the administration?

The BoE Bargaining Team

o The secondary question?WHO sits at the table

for the administration?

The Superintendent? The Business Administrator? Other administrators?

The role of the BA.

What do you need to prepare?

The role of the BA.

What do you need to prepare?

SCATTERGRAM

The role of the BA.

What do you need to prepare?

HEALTH BENEFITS

Current Costs

&

Enrollments

The role of the BA.

What do you need to prepare?

[depending on the language of the contract]

> Tuition reimbursement costs

> Professional development costs

> Personal day use statistics> PUSL sick leave payments [real & projected]

> Other cost items in the contract.

The role of the BA. When do you need to prepare it?

The scattergram &

current health costs &

enrollments need to be

ready for the BoE prior to

their first discussions of

bargaining parameters.

WHO else do you need?

You need to involve your insurance consultant to provide:

[1] projected health benefit premium increases for your current plans:

MEDICAL

PRESCRIPTION

DENTAL

WHO else do you need?

You need to involve your insurance consultant to provide:

[2] modifications and the premium decrements for your current plans:

MEDICAL

PRESCRIPTION

DENTAL

WHO else do you need?

You need to involve your insurance consultant to provide:

[3] realistic alternatives and related premiums IN PLACE OF your current plans:

MEDICAL

PRESCRIPTION

DENTAL

Bargaining 101Bargaining 101

Until recently, it Until recently, it always seemed always seemed

that the NJEA local that the NJEA local had the upper had the upper

hand.hand.

That has changed!That has changed!

Bargaining 101Bargaining 101

Prior to the first meeting:Prior to the first meeting:

WHAT is the purpose of the WHAT is the purpose of the meeting?meeting?

WHAT will you exchange at the WHAT will you exchange at the meeting?meeting?

Bargaining 101Bargaining 101

Prior to the first meeting:Prior to the first meeting:

WHO will be the spokesperson?WHO will be the spokesperson?

WHO else may talk?WHO else may talk?

Bargaining 101Bargaining 101

The first meeting:The first meeting:

[1][1] The attendance recordThe attendance record

[2][2] VERBAL Bergenfield VERBAL Bergenfield StatementStatement

[3][3] Ground RulesGround Rules

Bargaining 101Bargaining 101

The first meeting:The first meeting:

[4][4] Review and sign-off on Review and sign-off on scattergramscattergram

[5][5] exchange of proposals exchange of proposals [what’s in the BoE proposals?][what’s in the BoE proposals?]

[6][6] negotiating datesnegotiating dates

Bargaining 101Bargaining 101

After the first meeting:After the first meeting:

[1] review Assn. language proposals [1] review Assn. language proposals with with [at least][at least] the Superintendent. the Superintendent.

[2] cost-out Assn. monetary proposals [2] cost-out Assn. monetary proposals [if received][if received]: hourly rates, PUSL $, : hourly rates, PUSL $, tuition reimbursement $, etc.tuition reimbursement $, etc.

Bargaining 101Bargaining 101

For the second meeting:For the second meeting:

[1][1] review all Assn. language review all Assn. language items to see if there are any you items to see if there are any you might be able to agree to.might be able to agree to.

[2] determine what you want in [2] determine what you want in return for the Assn. demands return for the Assn. demands [[quid pro quoquid pro quo]]

Bargaining 101Bargaining 101

For the second meeting:For the second meeting:

[3][3] anticipate the Assn. anticipate the Assn. responses/ reactions to the BoE responses/ reactions to the BoE proposals. proposals.

“I don't want an apple, Danny --- do you have any money?"

Bargaining 101Bargaining 101

For the second meeting:For the second meeting:

[4] determine [4] determine appropriateappropriate BoE BoE responses/reactions to Assn. responses/reactions to Assn. proposals. proposals.

Bargaining 101Bargaining 101

N.J.S.A. 34:13AN.J.S.A. 34:13A

New Jersey Employer-Employee New Jersey Employer-Employee Relations ActRelations Act

N.J.S.A. 34:13A-5.3N.J.S.A. 34:13A-5.3

Employee Organizations; Right to Form Employee Organizations; Right to Form or Join; Collective Negotiations or Join; Collective Negotiations

Bargaining 101Bargaining 101

N.J.A.C. 19:12-2.1N.J.A.C. 19:12-2.1

Commencement of Negotiations Commencement of Negotiations

……no later than 120 days prior to the no later than 120 days prior to the public employer’s required budget public employer’s required budget submission date.submission date.

Bargaining 101Bargaining 101

[1] Face-to-face bargaining[1] Face-to-face bargaining

Bargaining 101Bargaining 101

[1] Face-to-face bargaining[1] Face-to-face bargaining

[2] N.J.A.C. 19:12-3.1[2] N.J.A.C. 19:12-3.1

Initiation of mediation Initiation of mediation

Bargaining 101Bargaining 101

[1] Face-to-face bargaining[1] Face-to-face bargaining

[2] N.J.A.C. 19:12-3.1[2] N.J.A.C. 19:12-3.1

Initiation of mediation Initiation of mediation

[3] N.J.A.C. 19:12-4.1[3] N.J.A.C. 19:12-4.1

Initiation of fact-findingInitiation of fact-finding

Bargaining 101Bargaining 101

[1] Face-to-face bargaining[1] Face-to-face bargaining[2] N.J.A.C. 19:12-3.1[2] N.J.A.C. 19:12-3.1 Initiation of mediation Initiation of mediation [3] N.J.A.C. 19:12-4.1[3] N.J.A.C. 19:12-4.1 Initiation of fact-findingInitiation of fact-finding[4] N.J.A.C. 19:12-4.4[4] N.J.A.C. 19:12-4.4

Appointment of a superAppointment of a super conciliatorconciliator

After Super ConciliationAfter Super Conciliation

? ? ?? ? ?

Negotiations Progress

BoE Pres: How are the labor negotiations going.

Supt: Well, we’re still talking. But we’re not making much headway.

Negotiations Progress

BoE Pres: What’s the problem?

Supt: The usual labor-management hassle.

Negotiations Progress

Supt:

They want me to attend an anger management course...

Negotiations Progress

Supt:

…and I want them to attend a whining management course.

S-3S-3

the contribution will go into the contribution will go into “…“…effect on the 60effect on the 60thth day day following enactment…”following enactment…”

andand““……upon expiration of any applicable upon expiration of any applicable

binding collective negotiations binding collective negotiations agreement in force on that agreement in force on that

effective date.” effective date.”

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[1][1] If the contract expired June 30, 2009 If the contract expired June 30, 2009 and you have NO new agreement. and you have NO new agreement.

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[1] If the contract expired June 30, 2009 and you have NO new agreement.

The contribution is implemented May 21, 2010.

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[2][2] If the contract expired June 30, If the contract expired June 30, 2009, and you have a NEW 2009, and you have a NEW agreement fully ratified BEFORE May agreement fully ratified BEFORE May 21, 2010. 21, 2010.

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:[2] If the contract expired June 30,

2009, and you have a NEW agreement fully ratified BEFORE May 21, 2010.

The contribution is implemented July 1 following the contract

expiration date.

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[3][3] If the contract expires June 30, 2010 If the contract expires June 30, 2010 & you have NO new agreement.& you have NO new agreement.

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[3] If the contract expires June 30, 2010 & you have NO new agreement.

The contribution is implemented July 1, 2010.

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[4][4] If the contract expires June 30, 2010 If the contract expires June 30, 2010 & you HAVE a fully ratified new & you HAVE a fully ratified new agreement. agreement.

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[4] If the contract expires June 30, 2010 & you HAVE a fully ratified new agreement.

The contribution is implemented July 1, 2010.

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[5][5] If the contract expires June 30, 2011 If the contract expires June 30, 2011 or beyond.or beyond.

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[5] If the contract expires June 30, 2011 or beyond.

The contribution is implemented July 1 following the contract

expiration date.

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[6][6] What about non-unionized staff?What about non-unionized staff?

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[6] What about non-unionized staff?

The BoE may determine which unit implementation date to tie

these employees to. [the unit they most closely match]

S-3 Contribution ImplicationsS-3 Contribution ImplicationsEffective Date: May 21, 2010Effective Date: May 21, 2010

What does May 21, 2010 mean:What does May 21, 2010 mean:

[7][7] What about an What about an extensionextension of the of the current contract?current contract?

S-3 Contribution ImplicationsEffective Date: May 21, 2010

What does May 21, 2010 mean:

[7] What about an extension of the current contract?

? ? ? ? [let’s discuss the April 20, 2010 Division Q & A]

S-3 Contribution S-3 Contribution ImplicationsImplications

What is “base” salary?What is “base” salary?

What about already existing What about already existing contributions?contributions?

What does the ‘opt-out’ cap apply to?What does the ‘opt-out’ cap apply to?

At least it’s something our insurance can’t claim is a pre-existing condition

Thank you!Thank you!

It has been a pleasure to presentIt has been a pleasure to present

this information to you today.this information to you today.

I hope you enjoyed it and that itI hope you enjoyed it and that it

proves useful to you as you engage inproves useful to you as you engage in

negotiations in your districts. negotiations in your districts.