Revised CIR Timelines

Kelley Baker and Karen HaaseHarding & Shultz

(402) 434-3000kbaker@hslegalfirm.comkhaase@hslegalfirm.com

H & S School Law@KarenHaase

Significant Changes

Significant changes to Commission of Industrial Relations Act:• Effective date: July 1, 2012• Changed negotiations timetable• Issues will no longer be “moot”• Required continuation clause• Changed CIR “midpoint” range

Timelines

TimelinesSeptember 1 Teacher assn. requests recognition as

exclusive bargaining agent October 1 Board must respond to request November 1 Negotiations must begin February 8 If there is no agreement, parties must

submit to resolution officer March 25 (or w/in 25 days after state aid certification)

Negotiations, fact finding, and mediation must end

September 15 CIR must issue its decision

Good Faith Bargaining

Good Faith BargainingGood faith bargaining consists of:

• Meeting at reasonable times• Conferring in good faith regarding

wages, hours and terms and conditions of employment

• Executing and signing a written contract upon reaching agreement

It DOES NOT require the district to agree to anything

Contracts Must Contain Section 48-818.01 requires contracts to

contain certain provisions.

Required Provisions

Required Provisions A salary schedule or objective method

for determining salaries A description of benefits with:

• a specific level of any group insurance coverage with

• a dollar amount or percentage of premiums to be paid and by whom

A continuation clause

Recognition The NSEA has requested recognition

of all its teacher associations• As exclusive bargaining agents for

certificated non-supervisory personnel • For 2012-12 and 2013-14 contract years

Boards must respond by Oct. 1, 2012 The NSEA filed for certification elections

in the CIR when boards didn’t respond

Bargaining SessionsMinimum of 4 bargaining sessions

• Unless the parties reach agreement Parties must submit to mandatory

mediation or fact finding if they don’t reach agreement by February 8th

• Unless both parties agree to forego mediation and fact finding

Resolution Officer

Resolution Officer Resolution Officer – the mediator or

fact finder appointed by the CIR CIR provides list of 5 names Parties alternately strike names The resolution officer:

• Determines issues in dispute• Accepts stipulations• Schedules hearings

Resolution Officer Sets rules of conduct for conferencesMay order additional mediation Takes any other action to aid in

resolving the dispute Does not consult with one party w/o

the other party’s permission Not bound by strict rules of evidence Non-attorneys may represent parties

Resolution Officer Decides which issues were:

• In dispute• Negotiated in good faith• Not agreed upon

Limits decision to issues in dispute Chooses the most reasonable final

offer on each issue in dispute

Petition in Commission Dissatisfied party may file an action in

CIR w/in 14 days of officer’s decisionThe petition is not an appeal of

officer’s decision

Commission’s Authority The Commission:

• Is limited to deciding issues that the officer decided were in dispute

• Decides issues on comparability, not most reasonable final offer

• Must issue its decision by Sept. 15th

Total Compensation CIR must consider employer’s

payment of or contribution to:• Health insurance premiums,• Premium equivalent payments, or• Cash equivalent payments

FICA payments Retirement payments

The True Midpoint The term midpoint means “in the

middle position of a range” For example, the true midpoint of total

compensation would be:• In an array of 9 districts -- the 5th

• In an array of 10 districts -- the average of the 5th and 6th

The “CIR Midpoint” The “CIR midpoint” is the average of:

• The true midpoint of the array schools’ total compensation, and

• The average of the array schools’ total compensation

98-102% Midpoint Range During normal economic times (non-

recessionary times)• The CIR must determine whether the

district’s total compensation is within 98% to 102% of the midpoint

• If it is, the CIR will not order a change

Up to 98%, Down to 102% If the total compensation is less than

98% of the CIR midpoint, the CIR will order it raised to 98% If the total compensation is more than

102% of the CIR midpoint, the CIR will order it reduced to 102%

Recommendations Think 3-5 years ahead Ask for more than you expect to get Raise all provisions you might want to

change Nothing is final until you agree on the

whole agreement

93-107% Midpoint Range If the total compensation is less than

93% of the CIR midpoint, the CIR will order it raised to 98% in three equal annual increases

• If the total compensation is more than 107%, of the CIR midpoint, the CIR will order it reduced to 102% in three annual decreases

Recessionary Occurrence There is a recessionary occurrence when:

• The two quarters immediately preceding the effective date of the contract term in which net (i) sales and use tax, (ii) individual income tax and (iii) corporate income tax receipts are less than the same quarters for the prior year.

During a recessionary occurrence, the range will be 95 to 102% of the midpoint.

Good Faith BargainingGood faith bargaining involves the

obligation to:• Meet at reasonable times• Discuss mandatory issues• Genuinely consider and respond to

the other’s proposals It does not require the board to

concede on any issues

Strategies for Success

Establish Board Goals

Establish Board Goals• Go through entire negotiated

agreement• Pick “wants” as well as “needs”• Think long-term• Think strategically

Know Where You Are

Know Where You Are Do your homeworkHave a qualified person:

• Perform a comparability study• Analyze the negotiated agreement for:Mandatory and permissive issues Prevalence Wording

Keep your own minutes

Don’t Be Cheap

It can be very expensive

Good Faith Bargaining

Health Care Thoughts

Evaluators need help

Evaluators need help• Being cute; we don’t do cute • Being nice • All -- the meaning of All • 1st person, 3rd person • Really rough • Evaluation inflation • Smudges

Evaluators need help• Evaluation systems • Max the Miracle Man - The Princess

Bride • No probie is perfect • DSM 4th TR • What’s wrong with the principal • Counseling them out • Down and Dirty - how to evaluate

Revised CIR Timelines

Kelley Baker and Karen HaaseHarding & Shultz

(402) 434-3000kbaker@hslegalfirm.comkhaase@hslegalfirm.com

H & S School Law@KarenHaase