Transcript Bill Hybbeneth Power Point Presentation

Preparation
Bargaining
for
Presented By
William F. Hybbeneth Jr.
Taylor, Whalen and Hybbeneth
For
N.J.A.S.B.O.
April 26 & 27, 2010
The Stakeholders
 The Board of Education.
The Stakeholders
 The Board of Education.
 The Superintendent.
 The Business Administrator.
 The Administration.
The Stakeholders
 The Board of Education.
 The Superintendent.
 The Business Administrator.
 The Administration.
 The Community.
 The Students.
The Stakeholders
 The Board of Education.
 The Superintendent.
 The Business Administrator.
 The Administration.
 The Community.
 The Students.
 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
Parameters

What kind of parameters should we set?
Setting Bargaining
Parameters
What kind of parameters do we set?
WISH
Setting Bargaining
Parameters
What kind of parameters do we set?
WISH
vs
WANT
Setting Bargaining
Parameters
What kind of parameters do we set?
WISH
vs
WANT
vs
NEED
Other parameter factors!
PRINCIPLES
PREFERENCES
Other parameter factors!
PRINCIPLES
PREFERENCES
NEED
WISH
WANT
PRINCIPLES
 These are the changes to the contract
language that you won’t let go of.
PRINCIPLES
 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.
PRINCIPLES
 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 table
for 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 101
Until recently, it always
seemed that the NJEA
local had the upper
hand.
That has changed!
Bargaining 101

Prior to the first meeting:
WHAT is the purpose of the
meeting?
WHAT will you exchange at the
meeting?
Bargaining 101

Prior to the first meeting:
WHO will be the spokesperson?
WHO else may talk?
Bargaining 101

The first meeting:
[1]
The attendance record
[2] VERBAL Bergenfield
Statement
[3]
Ground Rules
Bargaining 101

The first meeting:
[4] Review and sign-off on
scattergram
[5]
exchange of proposals
[what’s in the BoE proposals?]
[6]
negotiating dates
Bargaining 101

After the first meeting:
[1] review Assn. language proposals
with [at least] the Superintendent.
[2] cost-out Assn. monetary proposals
[if received]: hourly rates, PUSL $,
tuition reimbursement $, etc.
Bargaining 101

For the second meeting:
[1] review all Assn. language
items to see if there are any you
might be able to agree to.
[2] determine what you want in
return for the Assn. demands
[quid pro quo]
Bargaining 101

For the second meeting:
[3] anticipate the Assn.
responses/ reactions to the BoE
proposals.
“I don't want an apple, Danny --- do
you have any money?"
Bargaining 101

For the second meeting:
[4] determine appropriate BoE
responses/reactions to Assn.
proposals.
Bargaining 101
N.J.S.A. 34:13A
New Jersey Employer-Employee Relations
Act
N.J.S.A. 34:13A-5.3
Employee Organizations; Right to Form or
Join; Collective Negotiations
Bargaining 101
N.J.A.C. 19:12-2.1
Commencement of Negotiations
…no later than 120 days prior to the public
employer’s required budget submission
date.
Bargaining 101
[1] Face-to-face bargaining
Bargaining 101
[1] Face-to-face bargaining
[2] N.J.A.C. 19:12-3.1
Initiation of mediation
Bargaining 101
[1] Face-to-face bargaining
[2] N.J.A.C. 19:12-3.1
Initiation of mediation
[3] N.J.A.C. 19:12-4.1
Initiation of fact-finding
Bargaining 101
[1] Face-to-face bargaining
[2] N.J.A.C. 19:12-3.1
Initiation of mediation
[3] N.J.A.C. 19:12-4.1
Initiation of fact-finding
[4] N.J.A.C. 19:12-4.4
Appointment of a super
conciliator
After 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 labormanagement 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-3
the contribution will go into
“…effect on the 60th day
following enactment…”
and
“…upon expiration of any applicable
binding collective negotiations
agreement in force on that
effective date.”
S-3 Contribution Implications
Effective Date: May 21, 2010
What does May 21, 2010 mean:
[1] If the contract expired June 30, 2009 and
you have NO new agreement.
S-3 Contribution
Implications
Effective 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 Implications
Effective 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.
S-3 Contribution
Implications
Effective 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 Implications
Effective Date: May 21, 2010
What does May 21, 2010 mean:
[3] If the contract expires June 30, 2010 & you
have NO new agreement.
S-3 Contribution
Implications
Effective 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 Implications
Effective 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.
S-3 Contribution
Implications
Effective 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 Implications
Effective Date: May 21, 2010
What does May 21, 2010 mean:
[5] If the contract expires June 30, 2011 or
beyond.
S-3 Contribution
Implications
Effective 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 Implications
Effective Date: May 21, 2010
What does May 21, 2010 mean:
[6]
What about non-unionized staff?
S-3 Contribution
Implications
Effective 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 Implications
Effective Date: May 21, 2010
What does May 21, 2010 mean:
[7] What about an extension of the current
contract?
S-3 Contribution
Implications
Effective 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 Implications
What is “base” salary?
What about already existing contributions?
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!
It has been a pleasure to present
this information to you today.
I hope you enjoyed it and that it
proves useful to you as you engage in
negotiations in your districts.