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Tentative Agreement Flier #2
Memorandum of Understanding and Article 7
Clearly, one of the most contentious points during recent negotiations was Article 7: Class Size. It’s important to clear up some misconceptions regarding this article and be upfront about some implications.
It is imperative that we keep in mind that our contract language establishing a staffing ratio of 28:1 remains in our contract. Our Bargaining Team protected the language we’ve had and the language we rallied around these last few months. What both sides agreed to was a Memorandum of Understanding (MOU). MOUs are side agreements, which have the strength of contract language and are enforceable as such. However, they usually have a limited time period attached to them.
While our contract language maintains a staffing ratio of 28:1 the MOU that is part of the TA allows a staffing ratio of 30:1 for 09-10 (our current reality) and a ratio of 31:1 with an increase in student contacts capped at 182 from 2010 to 2013. Furthermore, the bargaining team secured no reopeners for 2010-2011. Reopeners is the ability to “re-negotiate” parts of a contract, usually by mutual consent of both parties. The district’s negotiators had been insistent on reopening for 2010-2011 citing the budgetary uncertainties in Sacramento.
What does the MOU accomplish for SEA members?
1. We effectively defend our current contract language establishing a staffing ratio of 28:1. In the long term our working conditions and our students’ learning environment were protected.
2. We secure a temporary solution to the temporary financial crisis as opposed to the permanent increase to the staffing ratio that the district was ready to impose.
3. No reopeners protects SEA members. The district can’t come back next school year and attempt to decrease salaries or establish furlough days for 2010-2011.
A few things to keep in mind as you evaluate this portion of the TA:
· While the MOU expires in 2013, the new contract, if approved by the membership, will expire in June of 2011. In a new bargaining round the whole contract is opened up including the MOU and could be re-negotiated sooner than its expiration date if financial conditions make it feasible.
· While the MOU gives the district the ability to increase the staffing ratio to 31:1 the School Board does not have to do so. SEA can organize our membership and the public in order to apply pressure on the Board to not take advantage of the contractual language.
· Nevertheless, if the board decides to increase the staffing ratio to 31:1, we could expect some RIFS to occur. Although it’s hoped that retirements and natural attrition would make up the bulk of these cuts, it’s a reality that we would have to be prepared for.
The Bargaining Team and SEA Board of Directors support this agreement and will be recommending to Rep Council to do the same at the upcoming Emergency Rep Council meeting. It’s an appropriate compromise given the budgetary realities at the state level, and the impact we’ve experienced – and will experience - at the district level.It gives SEA a measure of security and it preserves the strong contract language we fought for and gained in the past.
Emergency Rep. Council Meeting Monday, October 19. 2009
4pm @ SEA Office
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