SECTION H: NEGOTIATIONS

HA
HAA*

HB*

HC*

HD

HE
HE-R

HF

HG*

HH*

HI

HJ*
HJA*

HK

HL*

HM

HN*

HO

HP*
Negotiations
         Negotiations Priority Objectives

Negotiations Legal Status

Scope of Negotiations

School Board Negotiating Powers and Duties

Board Negotiating Agents
Board Negotiating Agents

Superintendent’s Role in Negotiations

Employee Organizations

Privileges of Staff Negotiating Organizations

Payment of Negotiations Costs

Negotiations Procedure
         Negotiations Deadlines for the Board

Release of Negotiations Information

Preliminary Negotiated Agreement Disposition

Procedures Following Ratification

Impasse Procedures

Work Stoppage

Negotiated Amendments and Renegotiations Procedures

*These topics are not currently covered by Board policy.

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File:  HA

NEGOTIATIONS

The Board is governed by State law regarding collective bargaining with its certified employee bargaining units for the purpose of entering into binding contracts.  The scope of bargaining includes matters pertaining to wages, hours, terms, other conditions of employment and the continuation, modification or deletion of an existing provision of a collective bargaining agreement.

The Board negotiates in good faith with the District’s bargaining units that are certified by the State Employment Relations Board (SERB) and endeavors to reach agreement on items properly within the scope of bargaining.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    Chapter 4117

CROSS REF.:    HD, School Board Negotiating Powers and Duties

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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File:  HD

SCHOOL BOARD NEGOTIATING POWERS AND DUTIES

The Board is recognized as the sole employer of the District and specifically retains unto itself all management rights as defined by law, except as specifically provided in the Negotiated Agreement(s). The Board is a party to the labor contract(s) or agreement(s) entered into with State Employment Relations Board (SERB) certified employee organization(s).

The Board has a duty to choose a negotiating team to meet with the representatives of the employee unit(s) to fulfill its responsibilities to bargain collectively in compliance with law.

The Board has the responsibility of reviewing any tentative agreement reached in bargaining with the employee organization and approving or disapproving such agreements.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    Chapter 4117

CROSS REFS.:    HA, Negotiations
                                HE, Board Negotiating Agents

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File:  HE

BOARD NEGOTIATING AGENTS

Prior to commencement of any negotiations, the Board decides whether to appoint a professional negotiator or to appoint representatives from within the District to serve as the Board’s negotiating team(s).  The fee or salary for a professional negotiator is established by the Board at the time of appointment.  The Board appoints members to the bargaining team who best serve the District’s interest and who meet the qualifications mandated by law.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    4117.04; 4117.20

CROSS REFS.:    HA, Negotiations
                                HD, School Board Negotiating Powers and Duties

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File:  HE-R

BOARD NEGOTIATING AGENTS

Appointment of a Professional Negotiator

The negotiator’s fees or salary are established at the time of appointment.

The duties of the negotiator are to:

    1.    negotiate in good faith with the recognized bargaining units to attempt to arrive
           at a mutually satisfactory agreement on issues which are properly within the
           scope of bargaining by:

           A.    assisting and directing the Board’s bargaining team in accumulating
                   necessary data and information which may be needed for negotiations;

           B.    following guidelines set forth by the Board as to acceptable agreements
                  and report on the progress of negotiations and

          C.    making recommendations to the Board as to acceptable agreements;

    2.    interpret the signed negotiated contracts to Board members and administrators
           and

    3.    plan, organize, direct and represent the District in mediation, fact-finding,
           arbitration and any other hearings involving negotiated contracts or grievances.

(Approval date:)

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File:  HF

SUPERINTENDENT’S ROLE IN NEGOTIATIONS

To the extent determined by the Board and permissible by law, the Superintendent is closely involved in planning, preparing and participating in the bargaining process.

The degree of involvement by the Superintendent in negotiations is specifically determined by the Board upon consultation with the Superintendent.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    3319.01
                                           4117.20

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File:  HI

PAYMENT OF NEGOTIATIONS COSTS

The Board appropriates funds to provide representation for the District in the collective bargaining process.  The costs of negotiations vary depending upon the Board’s use of professional negotiators and the involvement of school administrators and experienced staff.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    4117.14

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File:  HK

RELEASE OF NEGOTIATIONS INFORMATION

Negotiations between the Board and an employee organization are private and are not conducted in public session.  Communication relative to the bargaining process with the news media and the public is by a person or persons designated by the Board; such communications are carried out in accordance with Board policy and the obligation or prerogative of the Board under the collective bargaining contract(s) or agreement(s).

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    102.03(B)
                                            121.22(G)
                                            4117.21

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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File:  HM

PROCEDURES FOLLOWING RATIFICATION

The Board ensures that the Negotiated Agreement is distributed to all administrative staff.  The Board provides an in-service orientation program on the implications of the provisions included in the contract or agreement for all its administrative staff.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    4117.14

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File:  HO

WORK STOPPAGE

State law defines a strike to be a continuous concerted action in failing to report to duty; willful absence from one’s position; and stoppage of work in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in wages, hours, terms or other conditions of employment.

In the event of a strike, the Board makes efforts to keep the schools open and operating.  Precautions are taken for the safety and health of the working staff and students.

The Board directs the administration to develop a strike plan as a precautionary measure well in advance of any anticipated work stoppage.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    4117.01; 4117.15; 4117.16; 4117.23

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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