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Today the District is therefore officially releasing to the public both of the two Fact Finding Reports and Recommendations, one on the calendar and one on the successor collective bargaining agreement.
The recommendations in the Fact Finding Reports sustain virtually all of the District’s major positions in its last contract offer to the teacher’s union, including the District’s position on the three term academic calendar. The PERB Fact Finder specifically recommended that the 2012-2013 academic calendar be continued for the duration of the parties’ collective bargaining agreement.
The Fact Finder also issued a set of comprehensive recommendations covering every issue at impasse in the negotiation on a successor collective bargaining agreement between the District and the Faculty Association. A summary of Mr. Butka’s recommendations on the major contract issues found in his reports appears in the table below.
Mr. Butka, the PERB-appointed Fact Finder, served for seven years as the Presiding Conciliator for the State of California, Department of Industrial Relations, Mediation and Conciliation Service. His many years of labor relations experience includes working for the Service Employees International Union (SEIU) as Director of Research and Negotiations.
The Board of Trustees has received a copy of the fact finder’s recommendations and will continue to give careful consideration to the recommendations. The District’s representative on the Fact Finding Panel has fully concurred with the report and recommendations. Mr. John Martin, President of the PACCD Board of Trustees, stated, “We are very pleased that the neutral fact finder supported so many of the District’s positions in these matters. We hope the Association will reevaluate its position as a result of these recommendations.â€
The District and the teacher’s union have been at formal impasse since last October 3, 2012, when the Faculty Association asked PERB to declare impasse on the calendar issue. A PERB mediator, Mr. Don Raczka, was appointed and mediated negotiations between the District and the teachers union beginning December 12, 2012 on the calendar issue and continuing also with the impasse on the successor agreement starting in January 2013. On February 12, 2013, Mr. Raczka issued a fair and reasonable compromise proposal between the parties to end the impasse. The District adopted the mediator’s compromise proposal and made it the basis of its last offer to the union. The Faculty Association rejected the mediator’s compromise.
These Fact Finding Reports and Recommendations confirm for a second time that the District has maintained fair and reasonable positions in contract negotiations, as determined by two experienced neutral mediators appointed by PERB.
Mr. Butka conducted the hearings in strict compliance with state law, which included notifying both the District and the Faculty Association in advance that Fact Finding hearings are a continuation of the negotiation and impasse process and as such, are confidential and not open to the public.
Next Steps
According to California state law, now that the Fact Finding Reports and Recommendations have been submitted to the parties and released to the public, the impasse process has been completed. The District has three options: 1) unilaterally imposing its Last Best and Final offer of March 18, 2013; 2) modifying its bargaining position to conform precisely to the recommendations of the PERB Fact Finder; 3) or the District can maintain the existing terms and conditions of employment unless and until a new agreement is reached with the Faculty Association.
SUMMARY OF MAJOR PERB FACT FINDING RECOMMENDATIONS
Please see the attached PERB Fact Finder’s Report for the complete recommendations to the parties regarding what the terms of a successor agreement should be for the faculty, in light of the impasse in negotiations.
District Position
Association Position
Factfinder’s Recommendation
Calendar
Article 12 Salary Increase
Article 3 Term
Article 5.7 Class Size
Article 5.7.2 Compensation for Large Group Instruction (LGI)
LGI to be paid as determined on census date using current NCNs as follows:
120% -133% of NCN: $850
134% -166% of NCN: $1500
167% + of NCN: $2250.
LGI to be paid using 2011 C&I recommendations:
105% -133% of NCN:$850
134% -166% of NCN:$1,500
167% -200% of NCN:$2,250
Over 200%:Â Â Â Â Â $2500
Article 4 Fringe Benefits
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