[Call the Work Session to Order]
[00:00:03]
I THINK WE HAVE ENOUGH PEOPLE.ALL RIGHT. WHAT AN INTRODUCTION THERE, MADAM CHAIR.
THANK YOU. I THINK EVERYONE'S VERY EAGER TO GET STARTED THIS EVENING.
[1. Collective Bargaining]
UM, THIS EVENING WE ARE GOING TO PRESENT TO YOU KIND OF AN INTRODUCTION TO SET THE TONE OF THE GROUND SETTING FOR COLLECTIVE BARGAINING.I CAN'T HEAR YOU. YOU'RE MUTED.
MR. RAY. MR. RAY. CAN YOU HEAR ME? CAN YOU HEAR ME? YES.
ALL RIGHT. CAN YOU HEAR ME NOW, EVERYONE? ALL RIGHT. PERFECT. HAVE A NEW MICROPHONE.
SO THIS EVENING, I WAS SAYING THAT THE COLLECTIVE BARGAINING WORK SESSION IS REALLY JUST TO GET A FOUNDATIONAL INFORMATION SETTING FOR EVERYONE SO THAT WE CAN BEGIN AND MAKE SURE THAT EVERYONE STARTS WITH THE SAME UNDERSTANDING.
THIS IS NOT MEANT TO BE AN IN-DEPTH PRESENTATION.
IT'S JUST TO REALLY INFORM OUR STAKEHOLDERS OF WHAT THE CODE IS AND THAT SORT OF THING.
LISTENER. ALEX, ARE YOU ABLE TO.
SO WE'RE GOING TO GO AHEAD AND BEGIN, IF WE CAN GO TO THE NEXT SLIDE, PLEASE.
ALL RIGHT. SO OUR AGENDA FOR THIS EVENING IS WHAT IS COLLECTIVE BARGAINING? WE'RE GOING TO TALK ABOUT WHAT IT LOOKS LIKE IT MEANS TO US HERE IN CPS.
WE'RE GOING TO SPEAK TO THE SPECIFIC VIRGINIA LAW, COLLECTIVE BARGAINING, TALK ABOUT WHERE ARE WE NOW AND WHAT OUR NEXT STEPS LOOK LIKE, AS WELL AS DEVELOPING THE CPS COLLECTIVE BARGAINING RESOLUTION.
YOU'RE HERE AS REFER TO IT QUITE OFTEN AS WE ARE EDUCATORS.
SO, YOU KNOW, WE'RE GOING TO HAVE AN ACRONYM FOR EVERYTHING.
AND SO THIS EVENING I AM JOINED BY OUTSIDE COUNSEL MR. STEVE RAY, WHO IS WITH ICELANDAIR.
HE WILL BE SUPPORTING ME THROUGH THE LEGAL PROCESS OF COLLECTIVE BARGAINING THIS EVENING.
SO AT THIS TIME I'M GOING TO TURN IT OVER TO MR. RAY. HE WILL INTRODUCE HIMSELF AND HE WILL JUMP RIGHT INTO THIS NEXT SLIDE.
MR. RAY, I'M GOING TO TURN IT OVER TO YOU.
THANKS FOR HAVING ME JOIN YOU THIS EVENING.
SO AS AS SHE WAS SAYING, MY NAME IS STEVE RAY.
I'M WITH THE FIRM OF ICELANDAIR.
WE DO JUST LABOR AND EMPLOYMENT LAW AND IN PARTICULAR IN THE AREA OF REPRESENTING EMPLOYERS, PARTICULARLY WITH REGARD TO THINGS LIKE COLLECTIVE BARGAINING. SO WHAT IS COLLECTIVE BARGAINING? BASICALLY, IT IS A RELATIONSHIP BETWEEN AN EMPLOYER AND WHAT WE CALL LABOR ORGANIZATION TRADITIONALLY CALLED UNIONS.
[00:05:04]
AND IT IS FOR THE PURPOSE OF NEGOTIATING THE RELATIONSHIP BETWEEN THE EMPLOYEES AND THE EMPLOYER.SO HERE WOULD BE THE THE BOARD AND THE SCHOOL SYSTEM.
AND IT'S WITH REGARD TO THINGS LIKE CONDITIONS OF EMPLOYMENT, TYPICALLY IN THE PRIVATE SECTOR, IN UNDER THE NATIONAL LABOR RELATIONS ACT, IT'S WAGES, TERMS AND CONDITIONS OF EMPLOYMENT. WE CAN GO TO THE NEXT SLIDE.
SO FOR THE FIRST TIME IN VIRGINIA IN 2020, THE STATUTE WAS PASSED TO PERMIT LOCALITIES TO ENGAGE IN COLLECTIVE BARGAINING AND TO HAVE THEIR EMPLOYEES REPRESENTED BY LABOR UNIONS.
AND I WOULD COMMENT THAT THE LAW THAT WAS PASSED IN VIRGINIA IS PRETTY BRIEF.
IT'S ABOUT FOUR PARAGRAPHS LONG.
SO IT HASN'T PROVIDED A LOT OF STRUCTURE TO THIS.
THE LAW DID PROVIDE FOR A MECHANISM TO GET THE BALL ROLLING FOR LOCALITIES AND FOR SCHOOL BOARDS TO DECIDE WHETHER OR NOT TO HAVE A WHAT I WOULD CALL A COLLECTIVE BARGAINING RESOLUTION.
I DON'T WANT TO MAKE SURE THAT THE TERMINOLOGY WE DON'T GET CONFUSED WITH RESOLUTION.
SO I'M CALLING IT COLLECTIVE BARGAINING RESOLUTION, TO BE CLEAR.
AND WHAT IT SAYS IS THAT WHEN THE BOARD RECEIVES SOME CERTIFICATION FROM A MAJORITY OF EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT TO ADOPT OR NOT ADOPT AN ORDINANCE, A RESOLUTION TO PROVIDE FOR COLLECTIVE BARGAINING, THAT THEN THEY ARE GOING TO TAKE A VOTE WITHIN 120 DAYS OF THAT. AND IT'S NOTED, THE LAW NOTES THAT THE SCHOOL BOARD IS NOT REQUIRED TO RECOGNIZE ANY BARGAINING AGENT OR PERMIT COLLECTIVE BARGAINING AT ALL.
IT IS A CHOICE FOR THE FOR THE BOARD.
SO OUR NEXT SLIDE REALLY TALKS ABOUT THE WORK OF AND WHERE ARE WE NOW.
AND AGAIN, THAT RESOLUTION WAS NOT THIS COLLECTIVE BARGAINING RESOLUTION THAT WE'RE SPEAKING TO.
THAT RESOLUTION WAS TRULY JUST THE INTENT TO BEGIN THE PROCESS AND RESEARCH WHAT OUR WORK AND OUR STEPS WOULD BE MOVING FORWARD IN THE FUTURE TO ACTUALLY ADOPT A COLLECTIVE BARGAINING RESOLUTION.
SO THAT'S KIND OF WHERE WE ARE TODAY AT THIS POINT.
SO WHAT DOES THAT LOOK LIKE FOR ACP WITH NEXT STEPS? WE WOULD REVIEW THE FORMAL CERTIFICATION PROCESS, WHICH IS A MAJORITY OF OUR STAFF, AND THAT IS OUR FULL STAFF TO REQUEST THE ADOPTION.
ALSO, WE WOULD WORK WITH THE SCHOOL BOARD TO CONTINUE TO PROVIDE PROFESSIONAL LEARNING FOR THE BOARD AS WELL AS ALL OF OUR STAFF, AND REALLY MAKING SURE THAT OUR COMMUNITY AND ALL OF OUR STAKEHOLDERS ARE INFORMED ABOUT THE WHOLE CODE OF COLLECTIVE BARGAINING AND THE STEPS THAT ARE INVOLVED.
AT THAT POINT, WE WILL MOVE ON TO OUR NEXT STEP, WHICH WOULD BE TO ASSIGN THE ROLES AND RESPONSIBILITIES WITHIN THE ACP STAFF FOR WHAT IT LOOKS LIKE TO GET US TO THE NEXT STEP FOR THE FORMAL.
AND SO THAT COULD INCLUDE OBVIOUSLY THE EMPLOYEES OUTSIDE LABOR ORGANIZATIONS, MEMBERS OF THE COMMUNITY THAT THE BOARD MIGHT IDENTIFY AS WELL AS OBVIOUSLY THE BOARD MEMBERS THEMSELVES. THEN NORMALLY WHAT HAPPENS IS THAT WORK GROUPS ARE FORMED TO HELP WITH THE DRAFTING OF THE COLLECTIVE BARGAINING RESOLUTION, AND THAT IS UP TO THE, YOU KNOW, UP TO THE BOARD AS TO HOW IT WANTS TO STRUCTURE THE PROCESS.
AND WE'LL TALK ABOUT THE COMPONENTS OF THE CVR IN A IN A MINUTE.
THE NEXT THING WOULD BE TO SET A CALENDAR AND LEADERSHIP ROLES FOR THE WORK GROUPS.
[00:10:01]
ASSIGN RESPONSIBILITIES FOR ACTUALLY DRAFTING THE CVR.SO DRAFTS ARE GOING TO GO BACK AND FORTH PROBABLY AMONG THE GROUPS UNTIL A FRAMEWORK AND A WORKING CVR IS TOGETHER THAT'S PROBABLY READY TO THEN PRESENT TO THE PUBLIC FOR COMMENT.
AND THEN AFTER THAT IT WOULD GO TO THE BOARD FOR FINAL APPROVAL AND ADOPTION AS A AS A LEGAL RESOLUTION THAT WOULD THEN DEVELOP WOULD DRIVE THE PROCESS GOING FORWARD.
SO WHAT ARE THE FEATURES OF A COLLECTIVE BARGAINING RESOLUTION? AGAIN, THE LAW IS PRETTY SKINNY ON GIVING US MUCH INFORMATION OR GUIDANCE.
IT SIMPLY SAYS THAT, FIRST OF ALL, WHAT IT HAS TO ADDRESS IS CERTIFICATION AND DECERTIFICATION OF THE BARGAINING REPRESENTATIVE AND PROVIDE FOR REASONABLE NOTICE AND OPPORTUNITY FOR LABOR ORGANIZATIONS TO INTERVENE IN THE PROCESS.
AND THAT PROCESS IS WHEN WE'RE TALKING ABOUT WHO'S GOING TO REPRESENT THE EMPLOYEES AT THE TABLE.
AND THE ONLY OTHER THING THE LAW SAYS IS WHAT'S PROHIBITED IN A CVR IS ANYTHING THAT WOULD RESTRICT THE BOARD'S AUTHORITY TO ESTABLISH THE THE BUDGET PROCESS.
AND YOU CAN'T HAVE A PROBE, A PROVISION THAT WOULD PERMIT STRIKES.
SO THAT'S THAT'S IT LEGALLY OR UNDER THE STATUTE, WHAT CAN OR WHAT NEEDS TO BE IN IT AND WHAT IS PROHIBITED FROM BEING IN IT? LET'S GO TO THE NEXT SLIDE.
SO WHAT ARE THE FEATURES OF A COLLECTIVE BARGAINING RESOLUTION? THEY ALL HAVE THESE SAME COMPONENTS.
PRIVATE SECTOR. PUBLIC SECTOR.
AND THAT PROCESS OF CERTIFICATION IS USUALLY WHAT WE CALL A SHOWING OF INTEREST BY THE LABOR ORGANIZATION AND AN ELECTION BY THE EMPLOYEES.
MOST ELECTIONS THESE DAYS ARE BEING CONDUCTED ELECTRONICALLY.
THE CVR IS GOING TO IDENTIFY WHAT'S AN APPROPRIATE BARGAINING UNIT.
SO WHO ARE AMONG THE EMPLOYEES APPROPRIATE TO GROUP TOGETHER FOR PURPOSES OF A COLLECTIVE BARGAINING AGREEMENT? THE CVR IS GOING TO NEED TO ADDRESS WHAT ARE THE RIGHTS AND AUTHORITIES OF ACTORS WITH REGARD TO HOW IT RUNS AND OPERATES THE SCHOOL SYSTEM. AND LIKEWISE, WHAT ARE THE RIGHTS OF THE EMPLOYEES? EXCLUSIVE REPRESENTATIVE WITH REGARD TO THEIR REPRESENTATION OF THE EMPLOYEES.
THE SCOPE OF THE BARGAINING, THAT IS WHAT TOPICS ARE ABLE TO BE NEGOTIATED OVER.
THERE'S GOING TO BE A PROVISION FOR IMPASSE OF RESOLUTIONS, PROCEDURES AND WHAT HAPPENS WHEN THE PARTIES DO REACH A DISAGREEMENT THAT THEY CAN'T GET OVER.
WHAT IS THE PROCESS FOR RESOLVING THOSE IMPASSES? THE CVR SHOULD ADDRESS THE HOW APPROVAL OF A TENTATIVE AGREEMENT.
THERE'S ALWAYS PROVISIONS FOR MEDIATION AND ARBITRATION.
THOSE ARE COMMON FEATURES IN ALL CVRS BECAUSE WE NEED TO HAVE USUALLY AN OUTSIDE PARTY TO HELP US BREAK LOGJAMS AND IMPASSES AND DISPUTES THAT OCCUR DURING THE PROCESS.
AND THEN THE LAST THING MOST CVRS ADDRESS IS WHAT ARE PROHIBITED PRACTICES? WHAT ARE THINGS THAT PARTIES CAN AND CAN'T DO IN THE COURSE OF THEIR NEGOTIATIONS AND THEIR RELATIONSHIP GOING FORWARD.
EVEN AFTER A COLLECTIVE BARGAINING AGREEMENT IS REACHED? PROHIBITED PRACTICES IN THE PRIVATE SECTOR.
IT'S CALLED UNFAIR LABOR PRACTICES, BUT THAT'S AN IMPORTANT TOPIC TO BE ADDRESSED IN ANY CVR.
WHILE THIS PRESENTATION MIGHT SOUND VERY SHORT, EACH OF THOSE PAGES OF SLIDES IS THAT THERE'S A NUMBER OF HOURS THAT WILL NEED TO GO IN PREPARATION BEFORE WE GET TO A FINAL.
SO AT THIS POINT, I WILL TURN IT OVER TO MADAM CHAIR FOR.
OKAY. AND I'LL TURN IT OVER TO MY COLLEAGUES FOR QUESTIONS.
NO, THANK YOU SO MUCH FOR THE PRESENTATION.
I'M REALLY GLAD THAT WE ARE GETTING OURSELVES MOVING ON THIS CONVERSATION.
[00:15:05]
COLLECTIVE BARGAINING AGREEMENT.AND THERE'S A LOT OF SIMILARITIES BETWEEN ALL FOUR OF THOSE.
IT SEEMS LIKE A LOT OF THEM HAVE AGREED TO AT LEAST THREE BARGAINING UNITS AS PART OF THIS COLLECTIVE BARGAINING RESOLUTION FOR LICENSED STAFF, OPERATIONAL EMPLOYEE STAFF SUPPORT STAFF SLASH SUPPORT STAFF AND MORE ADMINISTRATIVE SUPERVISION.
IT FROM THOSE FOUR THAT I'VE LOOKED AT, A LOT OF THE LANGUAGE IS SIMILAR AND IT'S ALMOST LIKE I WOULDN'T SAY IT'S NECESSARILY A COPY AND PASTE, BUT I HAVE TO WONDER LIKE, HOW MUCH CAN WE JUST, YOU KNOW, USE THOSE AS TEMPLATES TO, TO WORK THROUGH TO SEE WHERE WE AGREE OR DISAGREE BECAUSE, YOU KNOW, SOME OF THE WORK'S ALREADY BEEN DONE. CAN'T WE TRY TO MOVE THINGS ALONG A LITTLE BIT MORE? SO I THINK THERE'S A LOT OF LESSONS LEARNED FROM THOSE FOUR DIVISIONS THAT HAVE KIND OF GONE FORWARD AT A DIFFERENT PACE.
DON'T WANT TO GO IN AND, YOU KNOW, INDIVIDUAL HOURS FOR DIFFERENT SCHOOL DIVISIONS.
BUT I AM AWARE THAT THERE HAVE BEEN SOME CHALLENGES BECAUSE OF THE TIMING OF WHAT THEY'VE DONE.
AND I THINK WE SHOULD STEP BACK AND REALLY TAKE SOME LESSONS LEARNED AND MAKE SURE THAT OUR PROCESS, WHILE IT MIGHT SEEM SLOW, THAT WE TRULY MAKE SURE THAT WE ADDRESS ALL OF OUR STAFF CONCERNS AS WELL AS OUR BOARD CONCERNS, AND WE DO THAT IN A MANNER THAT'S REALLY GOING TO.
WELL, I DON'T WANT TO SAY SLOW THE PROCESS, BUT MAKING SURE WE TAKE TIME TO ADDRESS EACH COMPONENT AND FEATURES THAT WERE LISTED HERE THAT I DON'T THINK WE SHOULD RUN INTO CHALLENGES THAT NEIGHBORING.
YEAH. SEE IF I GET MY EARBUDS WORKING.
YES, I THINK THAT EXPERIENCE IS SHOWING THAT THERE ARE THINGS THAT PROBABLY WEREN'T ADDRESSED THAT THE PARTIES HAVE RUN INTO AS THEY GO THROUGH THE PROCESS. UM, YOU KNOW, I COME OUT OF THE WORLD OF TRADITIONAL LABOR LAW, THE NATIONAL LABOR RELATIONS ACT, WHICH IS A PRETTY ROBUST STATUTE BECAUSE IT'S BEEN AROUND A LONG TIME AND A LOT OF THINGS HAVE BEEN DEVELOPED AS A RESULT OF EXTENSIVE COLLECTIVE BARGAINING OVER THE DECADES.
UM, THAT I THINK, YOU KNOW, PARTIES MAY WANT TO ADD IN.
I SUSPECT A LOT OF THOSE EARLY RESOLUTIONS THAT ARE OUT THERE ARE GOING TO BE REVISED AND AMENDED AND UPDATED BASED ON EXPERIENCE, AND WE WANT TO TRY TO AVOID. UM, I TRY TO AVOID HAVING TO GO BACK AND AMEND A RESOLUTION.
BEST TO GET IT RIGHT THE FIRST TIME.
AND SO WE ARE GOING TO BE BENEFICIARIES OF OTHER PEOPLE'S EXPERIENCES AND SUCCESSES AND PERHAPS, UM, THINGS THAT ARE LACKING IN THEIR CURRENT RESOLUTION.
IS A FOLLOW UP TO ALL OF THAT.
SO WHEN YOU DOCTOR SAID, YOU KNOW, LET'S TAKE OUR TIME AND MAKE SURE WE GET IT RIGHT.
HOW MUCH TIME ARE WE TALKING ABOUT? BECAUSE I KNOW WE'VE PUT MONEY IN THE BUDGET TO REALLY FOCUS ON THAT AND MAKE IT A PRIORITY FOR THE NEXT FISCAL YEAR.
IT'S NOT FOR THE ACTUAL WHATEVER WE'RE GOING TO DO THAT IS FOR PLANNING PURPOSES.
SO WE CANNOT GET TO THAT LEVEL UNTIL WE DECIDE WHAT PARAMETERS AND WHAT THINGS WE'RE ACTUALLY ARE WILLING TO NEGOTIATE AS A SO I THINK WE'RE KIND OF WITH THIS MEETING, WE'RE TRYING TO JUMP TO THE END PRODUCT, WHICH I KNOW IS SOMETHING THAT WE WANT TO DO, BUT WE HAVEN'T EVEN DETERMINED THE WORK OF WHAT WE WOULD LIKE TO EVEN CONSIDER TONIGHT, WHICH IS SOME OF THOSE THINGS THAT WE MENTIONED THAT ARE NOT IN.
AND WE WANT TO MAKE SURE THAT WE TAKE THE TIME TO MAKE SURE THAT OUR STAFF WE ARE ADDRESSING.
BUT THE BUDGET FOR THIS COMING YEAR IS REALLY FOR PLANNING.
IT'S NOT. WE HAVE NOT PLANNED FOR THE ACTUAL SCOPE OF THE WORK THAT MAY BE.
WELL, I KNOW THIS IS A FAIRLY NEW PROCESS IN VIRGINIA.
AND LOOKING AT THE CODE, THE CODE IS VERY SHORT.
IT ONLY HAS FOUR POINTS ON IT.
[00:20:01]
AND JUST GETTING TO THE RESOLUTION ITSELF IS GOING TO BE A VERY TIME INTENSIVE.WE'RE GOING TO HAVE TO HAVE WORK GROUPS, STUDIES.
IT'S GOING TO BE A LONG PROCESS.
AND MY QUESTION IS, BEING THE CODE IS SO SHORT, IS THERE ANYTHING THAT WE SHOULD LOOK OUT FOR OR BE PREPARED FOR BASED ON THAT CODE? AND WHAT ARE YOUR THOUGHTS ON THE PACING? SO FOR THE PACING TO BOO'S POINT, THAT'S SOMETHING WE CAN BEGIN THIS FALL.
LOOKING AT WHAT THOSE WORKGROUPS AND THAT SORT OF THING IS GOING.
AND GET THAT TRAINING STARTED.
AS FAR AS THE FOUR POINTS ON THE CODE, WE KNOW IT'S VERY SHORT.
SO AS A BOARD AND LEADERSHIP, THAT WE WOULD DETERMINE WHAT.
THANK YOU FOR THAT. MY LAST QUESTION IS, IT APPEARS THAT THIS IS GOING TO BE A MULTI PHASE PROCESS.
WE GET TO THE RESOLUTION AND THEN THERE'S STEPS AFTER THAT.
SO JUST LOOKING AT THE CODE AND DOING SOME HOMEWORK, THE RESOLUTION ITSELF IS GOING TO BE VERY, YOU KNOW, TIME CONSUMING AND IT MAY TAKE SOME TIME BEFORE WE EVEN GET TO THE NEXT PHASES OF IT.
IS THAT CORRECT? THAT IS CORRECT.
STAKEHOLDERS AND THEN BRING IT TO THE BOARD FOR REVIEW.
THERE WILL BE EDITS AND COMMENTS FROM THE BOARD AND THEN WE'LL OF COURSE HAVE TO TAKE THAT BACK.
SO, MR. RAY, YOU'VE DONE THIS MANY TIMES BEFORE.
IS THERE SOMETHING ELSE THAT YOU WOULD LIKE TO ADD, SIR? I THINK I WOULD JUST SAY I THINK EVERYBODY, WHILE THERE ARE SIMILARITIES BETWEEN THE ORDINANCES, BUT WHAT WORKS FOR ONE LOCALITY MAY NOT WORK FOR ANOTHER.
THERE ARE EXPECTATION DIFFERENCES.
AND AND YOU'RE GOING TO WANT INPUT FROM EVERYBODY WHO'S WHO'S GOT AN INTEREST IN IT.
AND YOU DON'T KNOW NECESSARILY WHAT SOME OF THE PEOPLE IN YOUR, YOU KNOW, YOUR STAKEHOLDERS MAY WANT TO SEE IN THE ORDINANCE OR IN THE RESOLUTION AND HOW THINGS WILL OPERATE.
SO, YOU KNOW, THAT'S THAT'S PART OF THE WHOLE PROCESS, MAKING SURE EVERYONE'S HEARD AND THAT WE GET SOMETHING THAT WORKS FOR OUR FOR OUR COMMUNITY AND NOT FOR, YOU KNOW, SOMEBODY ELSE.
SO. I MEAN, WE ALWAYS REFERENCE OTHER LOCALITIES.
SO IS IT IS THIS THE FORM TO TALK ABOUT SOME OF THE LESSONS LEARNED THAT WE'VE GOTTEN FROM THOSE OTHER LOCALITIES THAT WE CAN IMPLEMENT INTO OUR PROCESS? I DON'T KNOW IF THIS IS THE FORUM FOR THAT.
I THINK, LIKE HE SAID, THOSE ARE FOR THEIR COMMUNITY.
SO IT'S LESSON LEARNED FOR US TO MAKE SURE THAT WE ADDRESS WHAT THOSE TOPICS ARE THAT WE KNOW.
SO I'M NOT SURE IF THAT'S UP FOR DISCUSSION AND ACTUALLY.
AND THAT WILL COME FROM THESE WORKGROUP DISCUSSIONS.
WE'RE NOT EVEN PLANNING TO POSSIBLY ROLL THIS OUT TO OUR STAFF FOR A COUPLE OF YEARS.
CORRECT. SO I THINK THAT'S WHAT WE'RE TRYING TO LAY THE FOUNDATION FOR.
SO WHEN YOU SAY ROLL IT OUT FIRST, WE HAVE TO START WITH THE.
ALL RIGHT. SO THINK THERE'S LIKE THAT FEATURE SHEET.
THOSE ARE STEPS THAT WE HAVE TO TAKE SO WE CAN BEGIN THAT WORK WHEN WE RETURN IN THE FALL.
SO I GUESS THAT'S MY QUESTION.
WHAT IS THE TIMELINE FOR THE STAFF TO SEE A BENEFIT FROM COLLECTIVE BARGAINING? IT COULD. IT DEPENDS ON HOW FAST WE ADOPT.
IT COULD BE HERE, IT COULD BE HERE AND A HALF.
BUT THINK WE HAVE TO ALSO WATCH THE BUDGET TIMELINE.
BE UP FRONT AROUND THOSE FEATURES THAT ARE LISTED AND HOW FAST WE CAN.
[00:25:03]
FORD STOPPED THE CAR.UNDERSTAND. ARE THERE CONTINUED CONCERNS ABOUT US CONTINUING TO LOSE STAFF TO NEIGHBORING JURISDICTIONS BECAUSE WE DON'T HAVE THAT PROCESS IN PLACE? BUT I THINK BY BEGINNING THE PROCESS RIGHT AWAY, WE'RE BEGINNING THE PROCESS.
I THINK THERE'S TWO PARTS TO IT.
IN THE MEANTIME, OF COURSE, WE STILL HAVE ALL OF OUR OTHER.
LET THEM KNOW THAT WE CARE ABOUT THEM.
MAKE SURE THAT WE CAN HOPEFULLY ALONG THAT.
THINGS THAT WE WANTED TO DO WAS ALLOW THE CITY THE OPPORTUNITY TO ADOPT THAT PROCESS.
SO MY QUESTION IS, AND I'M NOT SURE OF THIS, DO WE KNOW HOW LONG IT TOOK THE CITY TO ROLL OUT COLLECTIVE BARGAINING FOR THE POLICE DEPARTMENT? I DO NOT KNOW THE EXACT TIMELINE, BUT I KNOW IT'S.
BUT I DO KNOW THAT THEY ARE CONTINUING.
I'M ALSO EXCITED THAT WE'RE GETTING MOVING ON THIS.
AND THANK YOU, MR. RAY, FOR YOUR INFORMATION THAT YOU SHARED WITH US.
HAD A QUESTION ABOUT SLIDE NUMBER FIVE.
DON'T KNOW IF MAYBE PULLING THAT UP WOULD BE HELPFUL, BUT IT TALKS ABOUT THE CODE SAYS THAT THE LAW PERMITS UNIONS OR ASSOCIATIONS TO FORCE A SCHOOL BOARD TO VOTE WITHIN 120 DAYS OF RECEIVING A CERTIFICATION FROM A MAJORITY OF EMPLOYEES.
SO I GUESS MY QUESTION IS AND I UNDERSTAND THAT, VIRGINIA, YOU KNOW, WHEN A NONTRADITIONAL ROUTE IN WRITING THEIR CODE HERE, BUT IF THE COLLECTIVE BARGAINING RESOLUTION THAT THE BOARD IS GOING TO ADOPT, ONE OF THE THINGS INCLUDED IN THAT SPELLS OUT LIKE HOW THE CERTIFICATION HAPPENS. CAN YOU CAN YOU EXPLAIN I'M JUST TRYING TO UNDERSTAND THEN WHAT THIS WOULD MEAN.
HOW WOULD WE CERTIFY BEFORE THERE'S ACTUALLY A COLLECTIVE BARGAINING RESOLUTION THAT'S BEEN PASSED? CAN YOU JUST HELP ME UNDERSTAND HOW THAT WORKS? YEAH. SO THIS PROVISION WAS SIMPLY A TRIGGER TO REQUIRE THE LOCALITY TO DECIDE WHETHER TO ADOPT OR NOT ADOPT AN ORDINANCE.
AND SO IT JUST SAYS THAT THERE HAS TO BE SOME EVIDENCE THAT A MAJORITY OF EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT ARE MAKING THAT REQUEST.
IT DOESN'T EXPLAIN OR DEFINE WHAT'S AN APPROPRIATE BARGAINING UNIT, BUT KIND OF PRESUMABLY IN A SITUATION LIKE THIS, IT'S GOING TO BE, YOU KNOW, A SEGMENT OF THE EMPLOYEES THAT ARE OBVIOUSLY LIKE ALL THE TEACHERS OR MAYBE LICENSED STAFF WHO WANT A YOU KNOW, TO HAVE AN ORDINANCE OR HAVE A RESOLUTION.
CERTIFICATION IS AGAIN, THERE'S NO EXPLANATION OF WHAT THEY MEAN BY CERTIFICATION.
AND SO WHO THANK YOU FOR THAT CLARIFICATION.
SO THEN WHO WOULD MAKE THAT DETERMINATION? UH, IT'S SILENT ON THAT, BUT IT WOULD BE, I THINK, THE BOARD.
AND SO THEN IF IF IT SAYS THAT THERE'S 120 DAYS TO ADOPT OR NOT ADOPT AN ORDINANCE, DOES THAT MEAN THAT THE STATE THINKS THAT WE CAN WRITE A RESOLUTION WITHIN 120 DAYS? UM, YOU KNOW, AGAIN, AGAIN, THIS IS NOT THE MOST ARTFULLY DRAFTED PIECE OF LEGISLATION.
UM, IT SAYS 120 DAYS TO ADOPT OR NOT ADOPT AN ORDINANCE TO VOTE, TO ADOPT OR NOT ADOPT.
I DON'T I DON'T KNOW WHAT THEY WERE GETTING AT, BUT IS IT POSSIBLE TO DO ONE WITHIN FOUR MONTHS?
[00:30:07]
YOU KNOW, I THINK IT'S POSSIBLE.UM, YOU KNOW, RIGHT NOW WE DON'T HAVE FORMALLY WE DON'T HAVE A CERTIFICATION AND MAJORITY OF EMPLOYEES BUT THINK WE'RE ALREADY MOVING DOWN THAT PATH OF IT SEEMS LIKE THIS BOARD IS INTERESTED IN GETTING A CVR PREPARED.
WE'RE WORKING ON IT, BUT WE'RE NOT READY TO ADOPT IT.
SO THE TRUTH IS, THIS IS AS I READ THIS REVISION, IS TO GET THE BALL ROLLING, BUT IT'S NOT NECESSARILY GOING TO TOTALLY DICTATE THE TIME FRAME FOR GETTING IT COMPLETED, IF THAT MAKES SENSE.
I DON'T KNOW IF I EXPLAINED THAT.
WELL, I DON'T KNOW THAT THAT MAKES SENSE.
AND I APPRECIATE YOU SAYING IT WASN'T CLEAR, BECAUSE IT AIN'T CLEAR TO ME EITHER.
BUT I APPRECIATE YOU TRYING TO PROVIDE THE GREATEST, YOU KNOW, EXPLANATION THERE.
AND THEN MY OTHER QUESTION IS WHAT CAN YOU TELL US WHAT YOU RECOMMEND FOR THE BOARD'S ROLE IN THAT PROCESS? IS IT SOMETHING THAT THE BOARD IS NOT A PART OF UNTIL A DRAFT COMES TO THE BOARD? OR WHAT? WHAT ROLE DO YOU RECOMMEND THE BOARD HAVING IN A PROCESS LIKE THAT? YOU WOULD THINK FROM A PRACTICAL PERSPECTIVE, I DON'T KNOW THAT BOARD MEMBERS HAVE THE TIME TO GET INTO THE WEEDS OF DRAFTING A LEGAL DOCUMENT.
THAT IS SOMETHING USUALLY STAFF IS GOING TO WORK ON, OR AT LEAST ON INITIAL DRAFTS, ALONG WITH INPUT FROM, YOU KNOW, EMPLOYEES AND AND BARGAINING REPRESENTATIVES THAT ARE OUT THERE.
UM, AND THEN THINK AT SOME POINT BOARD INVOLVEMENT IS GOING TO OCCUR PROBABLY ONCE A GOOD DRAFT IS PREPARED THAT'S REALLY READY FOR BOARD MEMBERS TO START LOOKING AT.
BUT THINK THE WORKGROUPS WOULD BE, UM, MEMBERS OF STAFF WHO ARE GOING TO TAKE OR TACKLE VARIOUS PROVISIONS AND GO OUT AND ALSO SOLICIT INFORMATION FROM THE COMMUNITY ABOUT WHAT DO WE WANT TO HAVE IN THERE, YOU KNOW, FOR EXAMPLE, HOW MANY WHAT'S GOING TO BE THE THRESHOLD FOR SHOWING OF INTEREST BY THE EMPLOYEES FOR HAVING TO BE REPRESENTED BY A PARTICULAR LABOR ORGANIZATION? UM, HOW WILL THE VOTE BE CONDUCTED? WILL IT BE BY MAIL, UH, VIRTUALLY OR IN PERSON? SO SOME OF THE EARLY RESOLUTIONS THAT CAME OUT, THEY PUT IN IN-PERSON VOTING.
AND SO THOSE HAD TO BE REVISED SLIGHTLY TO ALLOW FOR ELECTRONIC VOTING.
BUT THAT'S A DISCUSSION THAT PEOPLE WOULD WANT TO HAVE.
SOMEBODY MAY SAY, NO, WE REALLY WANT IN-PERSON, WELL, WE'RE GOING TO DO JUST IN-PERSON VOTING.
SO THERE'S ALL THOSE LITTLE ALL THOSE LITTLE ITEMS OF OF WALKING THROUGH AND THINKING THROUGH WHAT WOULD BE THE WHAT ARE THE RESERVE, WHAT ARE THE RIGHTS THAT WE WANT TO RESERVE FOR THE SCHOOL, FOR, FOR CPS AND WHAT ARE THE WHAT ARE THE ROLES THAT THE THAT A LABOR ORGANIZATION IS GOING TO WANT TO HAVE RESERVE TO THEM? SO YOU NEED TO HAVE HAVE GROUPS GOING OUT AND GETTING AND SOLICITING THAT INFORMATION.
THEN WE GOT TO COME BACK AND DRAFT.
THAT'S HELPFUL. THANK YOU SO MUCH.
I JUST WANTED TO JUMP IN BECAUSE I'M THE THING I KEEP GETTING HUNG UP ON IS SOMETHING A LITTLE BIT SIMILAR, WHICH IS JUST REAL CLARITY ON GETTING THAT MAJORITY FOR CERTIFICATION.
AND I WANT TO BE CLEAR THAT THAT MAJORITY.
IS IT A PERCENTAGE OF THE FULL STAFF? A PERCENTAGE OF THE STAFF WHO WANTS TO BE REPRESENTED? OR A PERCENTAGE OF A PARTICULAR.
STAFF WHO BELONG TO A CERTAIN ORGANIZATION.
THAT'S WHERE I NEED LIKE THE FINE.
AND SO WAIT UNTIL YOU HEAR THIS RESPONSE.
SO, MR. RAY, I'M GOING TO LET YOU ANSWER THAT BECAUSE YOU DID A GREAT JOB OF EXPLAINING IT TO STAFF.
WELL, I'M I EMPATHIZE WITH YOUR STRUGGLE.
[00:35:11]
I DON'T I DON'T KNOW EXACTLY WHAT THAT MEANS, BUT I CAN EXTRAPOLATE BECAUSE WE'RE USING CONCEPTS AND TERMINOLOGY THAT ARE PRETTY WELL ESTABLISHED, UH, IN THE, IN THE, IN THE AREA OF COLLECTIVE BARGAINING.AND THIS WHOLE IDEA OF, OF LABOR REPRESENTATION THAT IT'S GOING TO BE EMPLOYEES WHO WHAT WE CALL COMMUNITY OF INTERESTS FOR, FOR BETTER TERM COMMUNITY OF INTERESTS UNDER THE NATIONAL LABOR RELATIONS ACT, THAT THOSE EMPLOYEES WHO HAVE ENOUGH SIMILARITY BETWEEN THEM THAT IT MAKES SENSE FOR THEM TO BE REPRESENTED BY A LABOR ORGANIZATION.
THEY HAVE COMMON WORKING CONDITIONS, COMMON PAY AND BENEFITS.
UM, YOU KNOW, THAT IS TYPICALLY WHAT WE TALK ABOUT AS A COLLECTIVE BARGAINING UNIT.
AND I THINK IN THE CONTEXT FOR SCHOOL SYSTEMS, YOU KNOW, YOU'VE SEEN IT AND YOU MENTIONED IT EARLIER, IT BREAKS DOWN TO 3 OR 4 KIND OF GROUPS OF FOLKS THAT MAKE SENSE THAT THEY WOULD BE THEIR OWN, YOU KNOW, INDIVIDUAL BARGAINING UNIT.
SO, YOU KNOW, TEACHERS USUALLY BEING THE LARGEST.
SO IF IT'S TEACHERS, YOU KNOW, A MAJORITY OF TEACHERS COULD BE SEVERAL HUNDRED IF IT IS BACK OFFICE, YOU KNOW, OR SOME OTHER KIND OF SUPPORT OR ANCILLARY GROUP OF EMPLOYEES, IT MIGHT BE A MUCH SMALLER, UM, MAJORITY FOR FOR THAT GROUP.
IT DOES SAY MAJORITY. SO I THINK MAJORITY IS PRETTY CLEAR.
BUT WHAT'S THE GROUP? IT DOESN'T GIVE US GUIDANCE ON IT.
AND SO I THINK THE BOARD, LET'S SAY, GETS THE BENEFIT OF THE CALL ON THAT ONE.
AS FAR AS WHAT MAKES SENSE IS TO SAY WHO IS THE WHAT IS THIS BARGAINING UNIT OR WHO WOULD MAKE SENSE TO GROUP TOGETHER? THANK YOU. ALL RIGHT.
ALL RIGHT. THANK YOU, MADAM CHAIR.
I'M GOING TO BE VERY INCOHERENT.
BUT I'M JUST TRYING TO, YOU KNOW, UNDERSTAND AND AND SEE.
I CAN GET CLARIFICATIONS ON A FEW THINGS.
WHAT? MISS BOOTH SAID EARLIER, MEAN IT IS KIND OF OVERDUE AT THIS POINT.
LIKE, I'M GLAD WE'RE FINALLY DOING THIS.
HOWEVER, YOU KNOW, I THINK THE BENEFIT IS WE HAVE PEOPLE DO IT BEFORE US.
AND I'D RATHER DO IT RIGHT THAN THAN RUSH INTO SOMETHING.
SO, I MEAN, I UNDERSTAND, YOU KNOW, OTHER DIVISIONS DID IT.
AND, YOU KNOW, SOME PEOPLE WERE LIKE, YEAH, THIS DOESN'T, YOU KNOW, WHY IS ALEXANDER SO FAR BEHIND? BUT AGAIN, WE HAD OUR OWN, UM.
CIRCUMSTANCES. AND NOW WE HAVE, YOU KNOW, WE CAN TAKE THIS AND DO IT RIGHT.
WHAT KIND OF PROCESS CAN WE ESTABLISH TO REALLY LEARN FROM THE PREVIOUS DIVISIONS? LIKE, DO WE NEED TO ESTABLISH LIKE A SCHOOL BOARD COMMITTEE OR A STAFF SCHOOL BOARD COMMITTEE OR SOME BODY THAT CAN REALLY STUDY AND THAT CAN HAVE, YOU KNOW, WHETHER IT'S HIRED ATTORNEY OR THE ATTORNEY OR I MEAN, YOU KNOW, CONTRACTED ATTORNEY OR THE ATTORNEY WILL HIRE FULL TIME TO REALLY DIG DEEP AND THEN COME BACK TO THE SCHOOL BOARD WITH LIKE, THESE ARE THE LESSONS LEARNED.
SO WHEN WE AS A SCHOOL BOARD ARE MAKING A DECISION ON THE CBR, WE CAN REALLY MAKE AN EDUCATED DECISION THAT WE DON'T HAVE TO GO BACK AND AMEND THE CBR OR MAKE SOME OF THE MISTAKES THAT MAY HAVE BEEN DONE BY OTHER SCHOOL DIVISIONS.
AND THAT WE UNDERSTAND WHAT THOSE MISTAKES ARE AND WHAT THEY MEAN TO OUR COMMUNITY.
BECAUSE LIKE YOU SAID EARLIER, WE HAVE A VERY DIFFERENT COMMUNITY, BUT WE WILL TAKE THOSE LESSONS LEARNED THROUGH OUR PROFESSIONAL LEARNING TRAINING OF THE BOARD, TRAINING OF ALL OF OUR STAKEHOLDERS. THIS IS THE FIRST OF MANY MEETINGS.
SO GET READY. WE'RE GOING TO BE PUTTING OUT INFORMATION SO EVERYONE HAS AN UNDERSTANDING OF WHAT WE NEED TO DO FOR NEXT STEPS AS WELL AS WHAT THINGS WE WANT TO MAKE SURE THAT WE ARE.
WE ARE ALSO GOING TO HAVE THOSE WORK GROUPS AND THOSE WORK GROUPS WILL BE FOCUSED ON THOSE VERY THINGS THAT WE HAVE LEARNED FROM OUR NEIGHBORS, AS WELL AS ANY TRAININGS THAT WE MAY GO TO. WE'RE ALSO USING, OF COURSE, OUTSIDE COUNSEL AS WELL AS WE'RE LOOKING TO HIRE OUR OWN.
[00:40:05]
AND I APPRECIATE THAT.AND ALSO TO PIGGYBACK ON ANOTHER QUESTION MS..
BOOS ASKED AND NOT TO TRY TO, YOU KNOW, BEAT A DEAD HORSE HERE.
BUT IN TERMS OF TIMELINE, LIKE I WOULD APPRECIATE I UNDERSTAND THAT.
AND I'M NOT TRYING TO PRESS YOU FOR A TIMELINE.
I DON'T WANT A TIMELINE FROM YOU TODAY.
BUT I'M PRETTY SURE THERE ARE OTHER SMALLER MILESTONES IN BETWEEN THAT ARE NOT CLEAR TO ME.
BUT IT WOULD REALLY SERVE, I THINK, EVERYONE WELL, IF STAFF CAN COME BACK TO US AT ONE POINT WITH SOME SORT OF TIMELINE THAT REALLY LAYS OUT THE WHOLE PROCESS AND WITH ACTUAL, YOU KNOW, DATES OF WHEN WE CAN DO.
WEISS, WHAT DO YOU NEED FROM US TODAY AS A BOARD OR, YOU KNOW, OR WHAT DO YOU NEED FROM US IN GENERAL TO COME UP WITH THAT TIMELINE? AND WHAT IS IT THAT YOU DON'T KNOW TODAY THAT YOU STILL NEED TO WORK ON YOU AND YOUR STAFF TO COME UP WITH THAT TIMELINE? JUST APPROVAL FOR YOU ALL FOR US TO MOVE FORWARD.
PLEASE UNDERSTAND THAT, YOU KNOW, WE UNDERSTAND THAT STAFF WANT THIS AND THEY WANT THIS QUICKLY.
BUT AGAIN, WE NOW KNOW THAT IF THIS IS THE DIRECTION WE'RE GOING TO GO, WE ALSO HAVE TO KNOW THAT WE'RE ALSO WORKING ON CITY TIME AS WELL WHEN WE'RE WRITING OUR PROPOSALS FOR OUR BUDGET REQUESTS COMING. SO THE FIRST STEP, OF COURSE, BEYOND THE TRAINING, WE CAN GIVE YOU A TIMELINE, BUT WE'RE GOING TO HAVE TO SET UP THE WORK RIGHT AND MOVE FORWARD SO WE CAN GIVE YOU I DON'T WANT TO CALL IT A TIMELINE SO MUCH BECAUSE IT HAS A DATE.
WE'LL GET THERE THAT SAYS, YOU KNOW, DECEMBER, WE'LL HAVE A DRAFT OF THIS.
YEAH, I'D ABSOLUTELY AGREE WITH YOU.
I MEAN, WE ALSO HAVE TO BE FLEXIBLE WHEN WE SET DATES AND WHATNOT.
AND YEAH, AND THE WHOLE THING IS CLEAR.
THE WHOLE PROCESS IS CLEAR TO EVERYBODY.
SO WE AT LEAST WE KNOW WHAT WE'RE WORKING WITH.
THINGS ARE GOING TO HAPPEN ALL THE TIME.
SO OF COURSE WE HAVE TO BE FLEXIBLE.
WE MAY GET BEAT UP FOR IT, BUT THAT'S FINE.
I'LL TAKE THE BEATING FOR THE PURPOSE OF TONIGHT IS TO REALLY START THAT UNDERSTANDING BECAUSE WE STILL HAVE MANY STAFF MEMBERS AND COMMUNITY MEMBERS WHO DO NOT UNDERSTAND THE PROCESS OF COLLECTIVE BARGAINING.
THEY KNOW THE BIG PICTURE, THAT IT'S GOING TO BE SOME NEGOTIATION THING, THIS ONE TIME THING THAT HAPPENS IN THE END WITHOUT ALL OF THOSE FEATURES AND COMPONENTS THAT MR. RAY SHARED. SO I THINK IT'S IMPORTANT TO NOTE THAT WE HAVE TO GET THIS INFORMATION OUT TO EVERYONE SO THEY HAVE A CLEAR UNDERSTANDING, BECAUSE WHEN I OFTEN TALK TO TEACHERS AND THINGS LIKE THAT, THEY'RE LIKE, CAN WE JUST JUMP IN? I'M LIKE, DON'T HAVE THAT YET.
SO I THINK IT'S IMPORTANT FOR TODAY TO UNDERSTAND THAT THIS IS WHAT THE PURPOSE OF THIS MEETING IS, TO SAY, OKAY, ARE WE READY AS A BOARD TO MOVE FORWARD, WHICH IT SOUNDS LIKE, NO, WE ARE THAT HERE.
I APPRECIATE THAT. JUST LAST QUICK QUESTION, MADAM CHAIR, A CLARIFICATION ON THE CERTIFICATION.
ARE WE NOW AS A BOARD WAITING FOR THE FOR FOR FOR.
WE'RE NOT WAITING ANYTHING WE CAN MOVE FORWARD WITH.
I THINK THERE'S ALSO A LOT OF EDUCATION THAT NEEDS TO HAPPEN AROUND THE CERTIFICATION PIECE.
AND MR. RAY, I DON'T KNOW IF YOU WANT TO TAKE ANOTHER STAB AT THAT BECAUSE HE TRIED TO EXPLAIN THAT IT'S NOT THE IT'S NOT US GETTING THE CERTIFICATION LIKE THERE'S THIS THIS HANDOVER THING. SO, MR. RAY, DO YOU WANT TO TAKE ANOTHER STAB AT TRYING TO EXPLAIN WHAT THAT CERTIFICATION LOOKS LIKE? BECAUSE IT'S NOT IT'S NOT JUST A QUICK TURNOVER OR SOMETHING SO MR. RAY CAN TURN IT BACK.
MR. RAY, BEFORE I'M SORRY, JUMP IN BEFORE YOU YOU YOU EXPLAINED THAT.
THERE'S MY UNDERSTANDING I WENT TO A SEMINAR LAST FRIDAY.
RIEF AT THE SCHAR SCHOOL OF PUBLIC POLICY.
SO IF YOU CAN ALSO LIKE EXPLAIN THAT AND HOW THAT WORKS WITH THE CERTIFICATION OR ARE WE TALKING ABOUT THE SAME THING? TWO DIFFERENT THINGS. I THINK WHAT YOU WERE AT THE SEMINAR THE IN IN TRADITIONAL COLLECTIVE BARGAINING
[00:45:01]
THE ASSUMING ONCE YOU HAVE A RESOLUTION DRAFTED THERE'S THE PROCESS OF DECIDING WHO'S GOING TO BE THE LABOR ORGANIZATION TO REPRESENT THE EMPLOYEES. AND WHAT'S BEEN UNFORTUNATE HERE WITH THE STATUTE IS THEY MIXED TERMINOLOGY.THE CONCEPT OF CERTIFYING THE LABOR ORGANIZATION IS AT THE STAGE WHERE YOU'VE GOT A RESOLUTION IN PLACE AND NOW YOU'RE TRYING TO IDENTIFY WHICH OR LABOR ORGANIZATION IS GOING TO REPRESENT THE EMPLOYEES.
AND THAT'S CALLED THE CERTIFICATION PROCESS.
WHAT WE HAVE HERE IN THE STATUTE IS A DIFFERENT CERTIFICATION PROCESS.
I WISH THEY'D USE DIFFERENT TERMINOLOGY, BUT THEY DIDN'T.
AND SO THEY SAID YOU NEED TO HAVE A CERTIFICATION CERTIFICATION.
THEY DON'T DESCRIBE WHAT THAT MEANS FROM A MAJORITY OF PUBLIC EMPLOYEES.
SO I'M NOT SURE WHAT THAT MEANS OTHER THAN I THINK THE GENERAL INTERPRETATION AROUND THE STATE HAS BEEN SOME SORT OF OFFICIAL COMMUNICATION FROM EMPLOYEES.
IT OFTEN COMES FROM A LABOR ORGANIZATION, BUT SOMEBODY SAYS WE HAVE A MAJORITY OF THE EMPLOYEES ARE INTERESTED IN HAVING A CVR. ADOPTED BY THE LOCALITY.
WHAT EVIDENCE OF THE CERTIFICATION? WHAT EVIDENCE OF THAT MAJORITY? THE STATUTE IS SILENT IN THE PROCESS WHERE WE TALK ABOUT THE VOTE FOR ELECTING FOR THE EMPLOYEES TO ELECT A LABOR ORGANIZATION, THERE'S USUALLY WHAT WE CALL A SHOWING OF INTEREST TO INITIALLY GET THE GET THE GET THE VOTE ROLLING.
AND SO THERE ARE CARDS THAT ARE SIGNED BY THE EMPLOYEES.
THIS DOESN'T SAY IT HAS TO BE THAT FORMAL.
THERE HAS TO BE LIKE A PETITION OR ANYTHING SIGNED BY EMPLOYEES.
BUT OSTENSIBLY IT MEANS SOMEONE HAS ACTUALLY TALKED TO EMPLOYEES.
THEY'VE GOTTEN YOU KNOW, THEY'VE GOT EVIDENCE THAT A MAJORITY OF THE EMPLOYEES REALLY ARE INTERESTED IN SEEING THE LOCALITY ADOPT A RESOLUTION. AND SO WHETHER THAT IS A LETTER OR PETITION, IT IS NOT DEFINED BY THE STATUTE.
SO BUT I THINK IT'S MORE THAN JUST WE THINK I, I BELIEVE THAT THE LEGISLATURE MEANT THERE NEEDS TO BE SOMETHING THAT SAYS WE'RE CERTIFYING THAT A MAJORITY OF THE EMPLOYEES ARE WANTING THE THE LOCALITY, THE BOARD HERE TO MOVE FORWARD WITH ADOPTING.
SO I JUST HAVE ONE MORE QUESTION AROUND THAT.
I KNOW THAT AS LONG AS I'VE BEEN ON THE BOARD, THIS HAS BEEN A TOPIC OF DISCUSSION.
I THINK IT STARTED EVEN BEFORE SOME OF US CAME ON THE BOARD AND MANY OF OUR STAFF HAVE ALREADY DONE A LOT OF THAT UPFRONT WORK. SUCH AS COLLECTING SIGNATURES, WRITING LETTERS, ADVOCATING.
DOES THAT MEAN THAT THEY'RE GOING TO HAVE TO START THAT PROCESS OVER? OR DOES THAT MEAN THAT THEY CAN CONTINUE THAT PROCESS NOW WITH THOSE SIGNATURES AND THINGS LIKE THAT? BECAUSE I KNOW A LOT OF WORK HAS ALREADY HAPPENED ON THE FOREFRONT.
YEAH. YOU KNOW, AGAIN, DOESN'T TALK ABOUT ANY SORT OF EXPIRATION DATE ON THAT MAJORITY INTEREST OF EMPLOYEES. AND PRESUMABLY IT WOULD TAKE, YOU KNOW, A PERIOD OF TIME TO GET, YOU KNOW, HUNDREDS OF PEOPLE TO SHOW THAT THEY'RE THAT THEY'RE INTERESTED.
SO I THINK THAT PRIOR WORK THAT'S BEEN DONE WOULD STILL BE LEGITIMATE TO SUPPORT THAT CERTIFICATION.
I THINK THAT WOULD BE REASONABLE.
OKAY. THANK YOU, MR. RAY. AND THANK YOU. THANK YOU, DR.
WYATT, FOR THE PRESENTATION AND GETTING THE CONVERSATIONS GOING ON THIS.
UM, ALTHOUGH IT IS MAYBE FRUSTRATING A LITTLE BIT FOR SOME OF US, I THINK IT IS ACTUALLY KIND OF WISE TO GO SLOW AND LEARN FROM OTHER GROUPS IN ALEXANDRIA AND IN THE STATE THAT HAVE ALREADY DONE THIS.
UM, AND GREAT QUESTIONS, EVERYONE.
I WAS LIKE CHECKING OFF MINE AS YOU WENT THROUGH.
SO THANK YOU FOR TAKING THOSE OFF MY PLATE.
UM, A COUPLE MORE QUESTIONS, THOUGH.
IS THE COLLECTIVE BARGAINING RESOLUTION, IS THAT ONE TIME OR DOES THAT ESTABLISH A PROCESS THAT WILL BE FOLLOWED IN ANY FUTURE COLLECTIVE BARGAINING ENGAGEMENTS? YES, IT WOULD BE THE LATTER.
THESE ARE THE TOPICS OF NEGOTIATIONS, ALL OF THAT.
IT IS KIND OF A ONE TIME THING.
UM, LIKE ANY LEGISLATION, IT CAN BE AMENDED, BUT YOU HAVE TO GO THROUGH THE PROCESS.
[00:50:04]
SO AGAIN, WE TRY TO AVOID HAVING TO DO A LOT OF AMENDING OF, OF, OF STATUTES AND ORDINANCES.GREAT. THANK YOU. APPRECIATE THAT.
AND THEN ONCE THERE IS A CERTIFICATION FROM ANY ONE GROUP OF EMPLOYEES, CAN OTHER COLLECTIVE BARGAINING UNITS KIND OF JOIN IN AT THAT TIME AND SAY LIKE WE WANT IN AS WELL, OR HOW DOES THAT WORK? SO I MAKE SURE I UNDERSTAND YOUR QUESTION.
I THINK YOU'RE NOW ASKING AFTER YOU HAVE A RESOLUTION IN PLACE, IS THAT RIGHT? OR JUST AFTER THERE'S LIKE THE.
THE LAW PERMITTING UNIONS OR ASSOCIATIONS TO FORCE THE VOTE.
SO IN THIS WHERE WE ARE AND WHAT YOU'RE REFERRING TO, IT DOESN'T REALLY RESTRICT OR LIMIT IT TO A LABOR ORGANIZATION, JUST AS MAJORITY OF EMPLOYEES ARE EXPRESSING AN INTEREST OR TO TO HAVE A CVR ADOPTED.
SO I VIEW THIS AS THE THAT CAN COME IN A VARIETY OF FORMS. IT MAY COME THROUGH A LABOR ORGANIZATION.
YOU KNOW, TYPICALLY BECAUSE YOU'RE TALKING ABOUT THE NUMBERS, YOU'RE TALKING ABOUT PROBABLY A LABOR ORGANIZATION WHO HAS THE SKILL AND EXPERTISE IN DOING THIS IS PROBABLY HELPING GET THE EMPLOYEES TO EXPRESS THEIR THEIR INTEREST AND THEN, YOU KNOW, TRANSMITTING THAT TO THE TO THE BOARD.
THERE'S ONLY 20 EMPLOYEES AND TEN OF THEM GET TOGETHER AND THEY SEND A LETTER TO THEIR LOCAL BOARD OR, YOU KNOW, COUNTY COUNTY GOVERNMENT AND SAY, WE'D LIKE TO YOU KNOW, WE'D LIKE TO ADOPT A CVR.
BUT IN YOUR SITUATION, MY GUESS IS IT'S PROBABLY GOING TO BE, YOU KNOW, LABOR ORGANIZATION OR LABOR ORGANIZATIONS AND SOME OF THE LOCALITIES. WE'VE HAD MULTIPLE LABOR ORGANIZATIONS, YOU KNOW, GETTING INVOLVED AND WANTING TO REPRESENT THE EMPLOYEES.
SO. UM, AT THIS STAGE, IT DOESN'T HAVE TO COME FROM JUST ONE.
IT'S THE MAJORITY OF EMPLOYEES THAT MATTERS.
GOT IT. THANK YOU FOR THAT CLARIFICATION.
SO WITHOUT GETTING TOO FAR INTO IT, CAN YOU GIVE US LIKE A PREVIEW LIKE THIS IS.
STEP ONE ISH, LIKE THE FIRST BIG MAYBE MOUNTAIN TO GET TO.
AND THEN AFTER THAT, WHAT DO WHAT SHOULD WE BE ANTICIPATING? AND SO WANT TO MAKE SURE I UNDERSTAND YOUR QUESTION.
IS IT AFTER WE HAVE THE CPR IN PLACE OR JUST GETTING TO THE CPR? ONCE WE HAVE THIS IN PLACE.
SO WHAT DOES IT LOOK LIKE ON THE OTHER SIDE? YES. SO THAT ALWAYS THE FIRST STEP IS WHO'S GOING TO REPRESENT THE EMPLOYEES.
THERE COULD BE MULTIPLE ORGANIZATIONS THAT ARE COMPETING FOR THAT, RIGHT? WE'VE HAD THAT IN A COUPLE OF LOCALITIES.
UM, AND THEN ONCE THEY THAT ELECTION HAS OCCURRED, THEN IT'S GETTING TO THE TABLE AND HAVING THE DISCUSSION AND EXCHANGING PROPOSALS AND THAT CAN TAKE A CONSIDERABLE AMOUNT OF TIME.
AND NORMALLY WHAT YOU DO IS YOU GO THROUGH WHAT WE CALL THE NON ECONOMICS.
SO YOU DO THINGS THAT ARE NOT RELATED TO WAGES AND BENEFITS.
AND THEN YOU GET INTO THE NEGOTIATIONS OVER THE WAGES AND BENEFITS.
AND IN THE COURSE OF THAT WHOLE DISCUSSION OR NEGOTIATION, IF THINGS IF THERE ARE HICCUPS ALONG THE WAY, THEN YOU HAVE TO BRING IN OR HAVE A MECHANISM FOR AN OUTSIDE NEUTRAL TO HELP ADDRESS THOSE.
A LOT OF LOCALITIES HAVE GOTTEN HUNG UP.
IN DISPUTES OVER VARIOUS ISSUES IN THE BARGAINING PROCESS THAT THEY DIDN'T THINK ABOUT WHEN THEY WERE DRAFTING THEIR ORDINANCE OR RESOLUTION AND HAVE HAD TO GO TO A NEUTRAL OR ARBITRATION, AS WE CALL IT, IN THE PRIVATE SECTOR TO HAVE SOMEONE RULE ON THIS IS WHAT NEEDS TO HAPPEN.
YOU APPRECIATE THAT. HOPE THAT HELPS.
MR. HARRIS. THANK YOU, MADAM CHAIR.
I JUST HAVE A COUPLE QUESTIONS.
[00:55:09]
MAJORITY IS POTENTIALLY DOES THAT CREATE A SITUATION WHERE THERE'S MULTIPLE GROUPS WITH POSSIBLE DIFFERENT MULTIPLE WITH DIFFERENT REPRESENTATIONS FOR EACH GROUP? SO AT THIS STAGE THAT I DON'T READ THAT AS BEING ANY OF A CONCERN.ONLY WHEN WE GET TO THE CVR BEING PASSED AND THEN WE HAVE TO GO TO THE BARGAINING TABLE.
ONLY ONE REPRESENTATIVE GETS TO SIT AT THE BARGAINING TABLE.
BUT FOR PURPOSES OF THIS TRIGGER THAT'S TALKING ABOUT IN THE STATUTE OR TO GET THE BALL ROLLING.
ANY LABOR ORGANIZATION OR ANY GROUP, WHATEVER THE GROUP THAT WANTS TO PRESENT TO THE BOARD, EVIDENCE OF THE MAJORITY CAN DO SO. AND IT COULD BE MULTIPLE GROUPS BECAUSE THERE'S ONLY ONE SET OF EMPLOYEES.
THERE COULD BE MULTIPLE SETS OF LABOR ORGANIZATION, BUT ONLY ONE SET OF EMPLOYEES.
AND THIS SAYS MAJORITY OF EMPLOYEES HAVE EXPRESSED AN INTEREST.
DOES THAT MAKE SENSE? IT DOES. BUT AREN'T THERE DIFFERENT GROUPS LIKE TEACHERS AND SUPPORT STAFF AND BUS DRIVERS AND THINGS LIKE THAT? AND IF THOSE GROUPS ARE INDIVIDUALIZED, DOES THAT EXTEND THE PROCESS AND MAKE THINGS A LITTLE BIT MORE COMPLICATED? SO A GREAT QUESTION.
BUT THE KICKOFF OF THIS PROCESS WOULD BE ONCE YOU ADOPT A CVR, IT'S GOING TO APPLY TO ANY GROUP OF EMPLOYEES WHO THEN DECIDE THEY WANT TO HAVE UNION REPRESENTATION.
SO LET'S SAY YOU'VE GOT DRIVERS, YOU'VE GOT TEACHERS, YOU'VE GOT SUPPORT STAFF.
LET'S SAY YOU HAVE ARGUABLY THREE UNITS THAT MAKE SENSE.
THAT KICKS OFF THE PROCESS WHEN WE GET THE CPR, THE NEXT STEP WOULD BE, OKAY, WHO? WHO'S GOING TO REPRESENT THE EMPLOYEES? WELL, AT FIRST OF ALL, THE EMPLOYEES HAVE TO EXPRESS AN INTEREST OF WHO THEY WANT, WHAT WE CALL A SHOWING OF INTEREST, WHO THEY WANT TO REPRESENT THEM AT THE BARGAINING TABLE.
AND THERE MAY BE FOUR BARGAINING UNITS.
AND ANOTHER GROUP OF EMPLOYEES SAY WE ARE INTERESTED.
SO TEACHERS MIGHT BE INTERESTED, BUT THE DRIVERS MAY NOT, AS AN EXAMPLE.
OKAY, GREAT. THANK YOU. AND MY LAST QUESTION IS AROUND THE TIMELINE PER SE.
SO WOULD IT BE MORE REALISTIC TO POSSIBLY LAY OUT A ROAD MAP VERSUS A TIMELINE? BECAUSE THE TIMELINE CAN FLUCTUATE SIGNIFICANTLY DEPENDING ON HOW MANY TIMES YOU GO BACK FOR REVISIONS TO EACH PHASE? YEAH, I THINK THAT'S A GOOD THAT'S A VERY GOOD SUGGESTION.
AND THAT KIND OF GOES BACK TO ROLES THAT WE TALKED ABOUT IN ONE OF THE EARLIER SLIDES.
WHAT ARE THE DIFFERENT ROLES WE WANT THE GROUPS TO PLAY? WHAT GROUPS DO WE WANT? DO WE WANT JUST A GROUP THAT'S GOING TO BE THE DRAFTER AND ONE GROUP THAT'S GOING TO BE THE GATHERER OF INFORMATION AND MAYBE ONE GROUP THAT'S GOING TO REVIEW THE DRAFT, BECAUSE I THINK YOU NEED TO HAVE A, YOU KNOW, A SECONDARY SET OF EYES CRITIQUING THE DRAFT.
UM. AND SO I THINK THE ROLES IS WHAT YOU'RE GETTING AT RATHER THAN TRYING TO FIGURE OUT A TIMELINE, BECAUSE WE REALLY CAN'T PREDICT AND CONTROL TIME AS MUCH AS WE CAN CONTROL WHAT WE DO WITH OUR TIME.
THANK YOU, MR. RAY. APPRECIATE IT. THANK YOU.
THANK YOU, MADAM CHAIR. EXCELLENT.
AS SOMEONE WHO UNDERSTANDS THE NEED FOR COLLECTIVE BARGAINING FOR OUR SCHOOL SYSTEM AND NOT SO MUCH THE PROCESS, WHICH IS EVEN MORE COMPLICATED THAN I IMAGINED.
I'M VERY GRATEFUL FOR THE BREAKDOWN.
IT'S BEEN VERY HELPFUL. I DO WISH WE HAD HAD IT SOONER, BUT I DO ALSO UNDERSTAND THE CONSTRAINTS.
[01:00:03]
SO I'M GLAD WE ARE MOVING FORWARD.ALSO TO TO PIGGYBACK ON WHAT MR. HARRIS ASKED.
AS THE TEACHERS HAVE COMMENTED IN PUBLIC COMMENTS ABOUT THE NEED TO HAVE THE RESOLUTION BY JUNE 2ND AND GUESS REPRESENTATION, AND THIS MAY BE TWO DIFFERENT QUESTIONS, BUT THERE TALK OF THE CARDS, THE DO THE CARDS.
IS THAT A PART OF REPRESENTATION? THE CARDS THAT THEY SIGNED AND THEN THE I GUESS THERE WAS A DEADLINE, IF I CAN GET CLARIFICATION, I'M VERY UNCLEAR ON THAT WHOLE PROCESS.
SO I THINK WHERE THE A LOT OF CONFUSION LAYS IS PEOPLE THINK THERE'S AN ASSUMPTION THAT THERE'S ALREADY A CVR IN PLACE. AND IN PART I THINK THE CONFUSION IS BECAUSE WE HAD THIS LAW THAT SAYS YOU CAN HAVE COLLECTIVE BARGAINING.
THIS CONCEPT OF CARDS AND CERTIFICATION TRADITIONALLY IS A CONCEPT ABOUT ONCE YOU HAVE THE CVR, WHO'S GOING TO BE THE LABOR REPRESENTATIVE? NORMALLY, IF EMPLOYEES WANT TO WANT TO HAVE A LABOR REPRESENTATIVE, THEY SIGN CARDS OR A PETITION SAYING, YES, WE WANT THIS LABOR REPRESENTATIVE TO REPRESENT US.
THAT'S WHAT WE CALL THE SHOWING OF INTEREST.
AND TRADITIONALLY WEAR CARDS WE CALL CARD SIGNING BECAUSE IN THE OLD DAYS, YOU KNOW, THE AN ORGANIZER WOULD WALK AROUND WITH CARDS SAYING, I WANT I WOULD LIKE TO BE REPRESENTED BY LABOR ORGANIZATION X, AND THEN THAT GETS PRESENTED TO THE EMPLOYER.
AND USUALLY THERE'S A MINIMUM THRESHOLD 30% UNDER THE NATIONAL LABOR RELATIONS ACT.
THAT'S THE CONCEPT THAT I THINK YOU'RE HEARING ABOUT.
AND THE PROBLEM IS WE'RE NOT THERE YET BECAUSE WE DON'T HAVE A CVR.
WE'RE WAY BACK HERE WHERE THIS LITTLE PROCEDURE WAS PUT IN BY THE LEGISLATURE THAT SAYS YOU CAN FORCE YOUR LOCALITY TO DECIDE TO ADOPT A CVR BY A SIMILAR PROCESS, AN ANALOGOUS PROCESS OF SHOWING INTEREST OR EXPRESSING AN INTEREST IN ASKING YOUR LOCALITY TO ADOPT A CVR.
SO THIS IDEA OF CARD CERTIFICATION AND SAYING, WE WANT THIS LABOR ORGANIZATION THAT IS APPLICABLE ONCE THERE'S A CVR AND A PROCESS IN PLACE ABOUT HOW WE SELECT A LABOR REPRESENTATIVE THAT'S GOING TO SIT AT THE TABLE.
DOES THAT HELP CLARIFY THINGS FOR YOU? THAT'S VERY HELPFUL.
THANK YOU SO MUCH. YOU'RE WELCOME.
BUT YES, I KNOW WE HAVE AN EVENT, BUT THIS IS VERY IMPORTANT.
WHITE. BUT I JUST WANT TO ALSO SAY THIS OUT LOUD.
SO RIGHT NOW WE'RE LEARNING ABOUT COLLECTIVE BARGAINING RESOLUTIONS, BUT THEN THERE IS A WHOLE OTHER THING THAT WE'RE GOING TO HAVE TO UNDERSTAND AND WRAP OUR HEADS AROUND COLLECTIVE BARGAINING AGREEMENTS AND WHAT GOES INTO A COLLECTIVE BARGAINING AGREEMENT.
WHO'S ON THE TEAM FROM THE MANAGEMENT SIDE? WHO'S ON THE TEAM FROM THE UNION SIDE, HOW THAT WORKS, WHAT IT MEANS TO GET A TENTATIVE AGREEMENT FOR DIFFERENT PIECES OF THE AGREEMENT.
BUT I DID SPEND A WEEK, A FEW WEEKS BACK IN PHILADELPHIA FOR A CORNELL UNIVERSITY LED COLLECTIVE BARGAINING AGREEMENT CONFERENCE AS PART OF PART OF MY MY WORK WITH THE AFT.
SO, YOU KNOW, I THINK THAT WE ARE GOING TO, YOU KNOW, WRAP OUR HEAD AROUND THE RESOLUTION, WHICH SETS THE RULES FOR ENGAGEMENT IN TERMS OF, YOU KNOW, HOW WE'RE GOING TO MOVE FORWARD. BUT THEN THERE'S SO MUCH MORE THAT GOES INTO WHEN WE GET TO THE BARGAINING TABLE AND WHO'S PART OF THAT.
AND SO I KNOW WE'RE GOING TO NEED SOME MORE TRAINING ON THAT PIECE.
ALL RIGHT. SO I THINK THIS WAS GOOD.
AND I GUESS PROBABLY THE KEY TAKEAWAY IS IN THESE INITIAL STEPS, I THINK WHAT WE CAN LOOK FORWARD TO IS THE FORMATION OF THESE WORKING GROUPS ESTABLISHING ROLES. AND WITHIN THAT, THE WORK CAN HAPPEN TO CREATE THE CVR.
[01:05:04]
TO THE CVR, SO THAT WE WILL HAVE A SENSE, I THINK FAIRLY SOON OF WHERE WE ARE IN GETTING A CVR IN FRONT OF US THAT WE CAN THEN START TO.THANK YOU. IF THERE ARE NO MORE QUESTIONS, I THINK EVERYBODY CAN GO.
BYE BYE. THANK YOU, MR. RAY, FOR JOINING US THIS EVENING.
WE REALLY APPRECIATE IT.
* This transcript was compiled from uncorrected Closed Captioning.