BTU-ESP Negotiations Announcement 091509

BTU-ESP CONTRACT NEGOTIATIONS

Summary for September 15, 2009

Education Support Negotiators Fight for Issues of Import

BTU-ESP / September 15, 2009 – Negotiators for BTU – Education Support Professionals continue to fight like never before for issues of import to all ESP bargaining unit members. They need the support of all BTU-ESP members – dues and non-dues paying members.

The best way to show support for the BTU-ESP negotiations team who are fighting for issues that are essential to all Education Support Professionals is for all potential members to join during the ongoing Fall Membership Drive, which continues until October 2nd. For more information about joining the BTU, potential members should see their worksite’s steward or click on the “Join BTU” link on the website’s front page or call the BTU office at 954-486-6250.

BTU-ESP Chief Negotiator Dane Ramson reports that the BTU-ESP and SBBC negotiations teams tentatively agreed to Article 13, Section B. Reappointments. Ramson pointed out to the district's negotiators that the BTU-ESP team members researched and developed the following contract language:

Employee shall be notified of their reappointment status at least 30 calendar days prior to the end of the school year. Reappointment notification shall include: Job Classification; Work Calendar; Work Hours; Location; and School Year.

Ramson verbally shared with district negotiators the BTU-ESP Bargaining Team counter proposal on Article 13 addressing Job Progression, Promotions, Assignments, and Transfers. Ramson stated the union’s team will submit the proposal in writing at the next scheduled negotiation session. She noted that the district left off the initial language of Guarantee Transfer and district negotiators shared that it was done in error.

District Chief Negotiator Susan Cooper distributed the district's 2009-2010 salary proposals (Appendix C, D, E) with no monetary increase. Their proposal merely reflected the newly developed 2008-2009 salary schedules with a strike through 2008-2009 and underscore under 2009-2010:

APPENDIX C: Classroom Assistants and Certified Classroom Assistant

APPENDIX D: Teacher Assistants and Certified Teacher Assistants

APPENDIX E: Program Assistants (BRACE, Community Liaison, Home Service Educator, Even Start, Job Coach, Parent Educator and Vocational and Career Advisor)

District negotiators rejected the union’s proposal for transfer stating that listing ten school options was too many. BTU-ESP negotiators asked if they would reconsider if union negotiators reduced the number of options to five schools. The district’s negotiators stated that they would give consideration to five schools.

The district’s negotiators shared that they are working on the “housekeeping” of updating old terminology to reflect the current terminology (i.e. paraprofessional to Education Support Professional, teacher aide to classroom assistant, etc.) Union negotiators stated they will assist with this process.

District negotiators acknowledged receipt of our Class Action Grievance filed by BTU-ESP representatives whereby district officials failed to give proper notification or impact bargain on the reduction of the 196 to 186 day work calendar which adversely impacts the wages of the majority of the BTU-ESP bargaining unit employees. District officials reduced calendars without notice and with no contract authority.

Ramson requested information from the district negotiators regarding the savings to the district by reducing BTU-ESP employees who were on the 196 day calendar for 2008-2009 who were reduced to a 186 day work calendar for 2009-2010. Union negotiators want to know the savings to the district which adversely economically impacted quite a number of families of ESP members. It is the union negotiators’ position that the savings was minimal and as such this type of reduction of calendar was inhumane and punitive.

District negotiators shared that the decision was not dictated by the district’s Human Resources Department. Ramson stated that we need to know who made this decision.

Cooper shared that this decision was made by the individual principals. Again this leads union negotiators to believe that such an action was not founded in good faith, nor did it result in any noticeable budgetary savings.

District negotiators only complied with one of the six record requests made on August 18, 2009. The negotiators apologized that their data was not current and incomplete for the cost of a step for the (Certified) Classroom Assistants and (Certified) Teacher Assistants. The district’s negotiators were only prepared to produce the cost of a step for Program Assistants which include: BRACE, Behavioral Technicians, Community Liaison, Home Service Educator, Even Start, Job Coach, Job Coach, Educational Assistant, Parent Educator and Vocational and Career Advisor.

The district’s negotiators shared that it would be difficult to produce the number of BTU-ESP employees who were on the 196 day calendar for 2008-2009 who were reduced to a 186 day work calendar for 2009-2010. Ramson shared how difficult was it for district officials to impact the income of those BTU-ESP members and their families and at what cost savings to the district? She continued stating that union negotiators need to know who made this decision.

District negotiators presented their counter to the union negotiators’ Article 4 proposal. They rejected the union negotiator’s proposed language on the Appeals process, which would include a Chapter 120 hearing for suspensions and terminations.

The district’s negotiators shared that their interpretation is that the law speaks directly to educational professionals and does not include education support professionals. Co-Chief Negotiator Iris Froehlich shared that research shared by the legal department of BTU’s state affiliate, the Florida Education Association, reveals that this practice is utilized by other districts. The parties agreed to research this matter further and discuss it at next session.

District negotiators accepted the union negotiator’s proposal regarding prohibiting discrimination which is located in Article 4.

It is important to note that the BTU-ESP contract is void of any language outlining or defining what constitutes job progression. Vice President for ESP Ernestine Alleyne and Froehlich successfully negotiated automatic job progression last year and as such felt strongly about putting it in the contract. District negotiators concurred with this.

To this regard, union negotiators counter proposed the below language in Article 13:

F. Job Progression: Shall be defined as an assignment of an employee to a position in which s/he will earn a higher rate of pay per hour (Teacher Assistant to Certified Teacher Assistant or Classroom Assistant to Certified Classroom Assistant).

1. An ESP will be considered for job progression within the bargaining unit based on satisfying one of the following requirements:

a. An Associate of Arts or Associate of Science Degree from a two-year accredited college or satisfactory completion (C or above) of at least 60 semester hours of college credit, or its equivalent form an accredited college; or

b. Satisfactory completion of the Teacher Assistant Program at a Broward County Vocational Center plus earning highly qualified certification (i.e. AFT Test or ParaPro).

c. Satisfactory completion of the Para Pro or AFT Test (i.e. Classroom Assistant to Certified Classroom Assistant).

The language regarding promotions was submitted by district negotiators and tweaked by the union’s negotiators.

A promotion shall be defined as the assignment of an employee to a position new job classification of a higher level in which he/she meets the minimum qualifications for the position and will earn a higher rate of pay per hour (i.e. Certified Classroom Assistant to Job Coach).

“We reiterated our request for an economic package and as expected the district echoed their cry of ‘broke,’” Ramson said in conclusion.

The next session will be held at 12 p.m. at the BTU office on September 29, 2009. The chief negotiator for the BTU-ESP Unit is Field Staff Representative Dane Ramson. Members with comments, questions or concerns about BTU-ESP negotiations should call Ramson by telephone at 954-486-6250 Ext. 228 or via e-mail at dramson@btuonline.com.