Forming a union
Step 1: Initial Contacts
Organizers and employees meet to assess the level of interest among coworkers and determine who might want to take a leadership role in the organizing drive.
Step 2: Building An Organizing Committee
Employees who strongly support OEA representation begin meeting to form an Organizing Committee, a core group of employees who will lead the campaign and be responsible for decision-making and communication leading up to recognition of the union. The committee should be at least 10% of the total workforce and be representative of the overall group.
Step 3: Building Support
When ready, the committee will reach out to coworkers through one-on-one conversations to assess interest. If it is determined that enough support exists, the committee will begin collecting authorization and membership cards. This is how the committee proves that there is enough “interest” to hold an election. Though state law requires only that 30% of the total unit signs cards, we will need at least 65% on cards to file for and win an election.
Step 4: Filing For An Election
Once the committee has collected cards from at least 65% of the unit, they will be submitted to the appropriate agency, either the State Employment Relations Board (SERB), or the National Labor Relations Board (NLRB). The agency will work with the union and management to determine and define the appropriate bargaining unit. They will also verify that there are enough signatures to hold an election.
Step 5: The Election
Once SERB or the NLRB has scheduled an election, employees will receive a ballot in the mail. The ballot will have 2 choices: The Association or No Representative. When the votes are received and counted, a simple majority will win.
Step 6: Bargaining
After OEA wins the election, employees will elect a bargaining team of coworkers to negotiate a first union contract. Along with an experienced negotiator from OEA, the bargaining team is responsible for bringing your priorities to the bargaining table. Once an agreement with management has been reached, all employees will vote on ratification of the contract.
ESP Issues
Privatization
Privatization threatens quality public education by severing the school-community link. Learn more about why it’s a bad idea and learn what we can do to combat it.
ESEA and Paraprofessionals
The most recent reauthorization of the Elementary and Secondary Education Act (ESEA), officially called “The No Child Left Behind Act of 2001,” is far more specific than past versions of the law. The law’s provisions about testing, accountability and teacher and paraprofessional quality will have a great impact on NEA members. Learn more about how the law affects ESPs.
ESPS Deserve a Living Wage
Attracting and retaining qualified school staff — K-12 teachers, higher education faculty, and education support professionals (ESPs) — requires salaries that are competitive with those in comparable professions. NEA supports a minimum salary of at least $40,000 for all teachers in our nation’s public schools and at least a living wage for every education support professional. NEA also supports higher compensation for higher education faculty and staff. Learn more about living wage campaigns.
Custodial Issues
Budget pressures, aging buildings, school violence, privatization, safety and health concerns – there are a lot of forces having an impact on school custodians. Learn more about what custodians face on the job, and find resources to help do the job better.
Seat Belts, School Buses and Safety
At first blush, the question of whether seat belts should be required on school buses seems obvious. Seat belts save lives in cars, so it seems logical that they would make school buses safer. But it turns out that the question isn’t so simple. Read more about this hot issue.
Results-Oriented Job Descriptions
Currently, job descriptions for too many Educational Support Personnel are inaccurate, dictated without employee involvement, or nonexistent. A new approach, results-oriented job descriptions (ROJDs), can help ESPs achieve recognition of the vital roles they pay, respect for their professionalism, job security, and equitable pay. Learn more about ROJDs in these two NEA publications:
- Results-Oriented Job Descriptions describes this new approach to ESP job descriptions.
- Results-Oriented Job Descriptions: How Paraeducators Help Students Achieve outlines the process by which new ROJDs can be written to accurately portray paraeducators’ jobs.
Sick Buildings
School buildings have unique features which make them especially prone to indoor air quality (IAQ) problems and “sick building syndrome”:
- Age of buildings: In the U.S., nearly 90% of schools were built before 1980, and 50% prior to 1960. Although indoor air quality problems can occur in any old or new building, increased risks in older buildings may be due to outdated ventilation systems and older roofs that may leak.
- Lack of money for renovation and maintenance: Many school districts cannot afford to complete regular maintenance procedures and renovations on older equipment. Failure to do so may provide a catalyst for increased problems with ventilation systems, roofs, and other areas of school buildings.
- Overcrowding: Almost one-fifth of Americans spend their days in schools. A typical school has four times as many occupants per square foot as an office building. With increased student populations, many schools are overcrowded, with ventilation systems that were not designed to accommodate the high numbers of people occupying the building.
ESPs are the principal people responsible for maintaining buildings to avoid these problems, and for dealing with them when they arise. NEA’s Health Information Network has assembled an extensive set of resources for understanding and addressing IAQ problems in HIN’s Indoor Air Quality pages.
Higher Education Advisory Council
Higher education policy and practice is directed by the OEA’s Higher Education Advisory Council (HEAC).
Specifically, HEAC is responsible for devising and implementing instructional programs to enhance the professional ability of its members and advocating for the interests of its members within the Association.
This includes providing support for collective bargaining in higher education, development of appropriate legislative positions and maintenance of appropriate relations with other groups interested in higher education and supportive of Association positions; and recommending members to be appointed to OEA Committees and other appropriate NEA and OEA bodies.
Members of the Higher Education Advisory Council are nominated and elected by OEA affiliates. The members select officers (Chair, Vice-Chair, Secretary) annually at one of four meetings per academic year.
For more information about HEAC, please contact the OEA Higher Education Liaison, Mark Linder, at linderm@ohea.org, or email Dovel Myers, the HEAC chair, at heacchair@ohea.org.
Higher Education Membership
The National Education Association puts the strength of 3.2 million members and the experience of more than 150 years of educational advocacy to work for faculty and staff. No other professional organization or union can claim so long and strong a record of effective representation.
The cohesiveness of NEA higher education membership is particularly important now in light of the constant challenges and threats to our professional and economic rights. NEA strongly supports the efforts of faculty and staff to safeguard intellectual freedom, professional integrity, tenure, and the right to a voice in academic governance.
Through its strategic priorities, NEA works to improve teacher quality and student achievement and to increase the capacity of institutions and associations to tackle tough educational and professional issues.
Higher Education Research Center
The Center provides data and other research products to the NEA higher education affiliates. The Research Advisory Committee, composed of higher education leaders and staff, meets twice a year to review products from the Center and to make recommendations about additional research needs.
Legal Advice and Liability Protection
NEA’s legal staff has effectively argued that academic freedom should be recognized as a constitutional right. As a result of NEA litigations, tenure is now viewed as a property right protected by the 14th Amendment.
The Association’s Legal Services Program protects members subject to dismissal or severe sanction and provides legal advice on other issues.
NEA higher education members are automatically protected by a $1 million professional liability policy at no extra cost. This liability insurance protects members in cases that arise from the performance of their professional duties.
National Conference
Each year since 1983, in March, the NEA sponsors the National Conference on Higher Education, which brings together educational and political leaders and experts along with faculty and staff to discuss issues confronting colleges and universities. The theme of the conference each year deals with an issue that is vital to the interests of higher education.
Leadership Development
The day prior to the higher education conference, faculty and staff leaders convene to discuss issues pertaining to governance and to develop leadership expertise. In addition, the NEA sponsors an Emerging Leaders Academy, open through nominations to new or emerging leaders within the NEA higher education community.
Your Professional Resources
As the largest employee association in the country, NEA’s size and resources allow it to provide its higher education members a wide range of free services and resources.
The NEA’s Office of Higher Education, based in NEA’s Constituent Relations Department, coordinates the efforts of staff assigned to higher education activities in other NEA departments. Staff ensure the development and delivery of NEA-sponsored programs for higher education members and affiliates. They assist the states with organizing membership and chapter development through the NEA regional offices, work with higher education governance, and work in coalition with other associations and unions.
For more information about OEA/NEA membership, contact Matt Ides, OEA Organizer, at idesm@ohea.org.
Higher Education Resources
OEA Higher Education Resources
OEA member advocates and staff can provide a range of resources for your local, including assistance with grievances, contracts, professional issues, and organizing. Please contact your local president for more information.
NEA Higher Education Advocate
Recent issues of the NEA Higher Education Advocate are available
College and University Data Analysis System (CUDAS):
This CD-ROM allows members to analyze their institution by a series of indicators and to compare it with their peer institutions. The source of the data is the U.S. Department of Education, National Center for Education Statistics, Integrated Postsecondary Education Data System. The CUDAS CD-ROM can be found in the NEA Almanac of Higher Education published annually.
To access this information, login as a member. If you have any questions or concerns after reading the instructions, contact Russ Harris, the OEA Higher Education Liaison (harrisr@ohea.org).
Higher Education Contract Analysis System (HECAS):
HECAS CD is a CD-ROM with full-text retrieval software, containing over 840 higher education collective bargaining contracts. The system, updated twice a year, has contracts for faculty, support staff, and academic professionals. The most up-to-date collection of contracts resides on the Web-based version, which is updated monthly. Access to HECAS on the Web and the HECAS CD is restricted to NEA state affiliate staff and local leaders. You must contact the higher education contact person in your state to be granted access to both products.
To access this information, instructions and an example, login as a member. If you have any questions or concerns after reading the instructions, contact Russ Harris, the OEA Higher Education Liaison (harrisr@ohea.org).
The Ohio Board of Regents:
The Ohio Board of Regents, a nine-member advisory board to the chancellor with two ex-officio representatives from the state legislature, was created in 1963 by the general assembly. Members of the Board of Regents are appointed by the governor with the advice and consent of the senate. Responsibilities of the board include, developing an independent annual report on the Condition of Higher Education in the Ohio, and issuing an annual performance review of the chancellor. The board is also responsible for advising the chancellor on issues of statewide importance affecting higher education.
About the Ohio Education Department of Higher Education
Higher Education Data & Reports:
These reports provide statistical data related to the enrollments, student preparation and academic progress, degrees awarded, post-graduation employment outcomes, tuition, financial aid, and costs and expenditures per student at Ohio’s higher education institutions.
- College Readiness
- Credit Transfer Reports
- Degrees
- Employment of Graduates
- Enrollment
- Finances, Faculty & Facilities
- Graduation & Retention Rates
- Tuition & Financial Aid
Historical Reports: Student Inventory Data and Basic Data Series Reports (1966 through 2006) Annual reports containing enrollment, facilities, faculty/staff and financial data for state-supported colleges and universities.
Special Topics Reports
Reports responding to specific questions or concerns about higher education in Ohio.
Social Media Guidelines for Educators
Dos And Don’ts For Educators
Whether you’re just considering becoming involved with social media or you’ve already established an identity on one or multiple sites, you need to use these channels wisely. OEA has developed the following guidelines on using social media to help protect yourself both personally and professionally.
- DO: Know the privacy settings of every channel you use and keep abreast of any changes to them (see Additional Resources). You have to decide for yourself what level of privacy is right for you, however OEA recommends sharing only with people you know personally. For instance, on Twitter we recommend blocking your tweets so only individuals you approve can see them. Taking just a few minutes to establish strict online settings will go a long way toward keeping what you post restricted. Additionally, try to be “anonymous” whenever possible. Don’t include information that could put your identity at risk.
- DO: Understand that there’s no such thing as a truly “private” post. Once you publish something through social media, you lose a degree of control over your message. Even if you set your privacy settings appropriately, to be shared only with people you know, your posts can still be captured via screenshot, printed, or copied and pasted into an email and shared beyond your intended audience.
- DO: Understand the limits of your First Amendment rights. Free speech rights are fairly limited for educators: their speech is protected only if they speak out as citizens on “matters of public concern” and their speech doesn’t disrupt the school. So matters of personal concern, e.g. social activities, partying, personal gripes, etc., are not protected. Tenured teachers have far greater job security than probationary teachers — they can’t be fired except for “just cause” — but it’s not the First Amendment that protects them.
- DO: Learn The Licensure Code of Professional Conduct for Ohio Educators.
- DO: Find out if your school or district has an Acceptable Use Policy for the Internet and/or social media. Make sure everything you do online is in keeping with these and other pertinent policies, as well as state and federal laws and regulations. You will be held responsible for what you post both by your school and legal entities. If your school doesn’t have an official policy, take this opportunity to help develop one.
- DO: Keep work and play separate. Regardless of your school or district’s policy, never use school property for personal communications. Do not log onto your email on the school’s computer. Do not bring your laptop to school and access the school’s network. Never access your personal email or send texts on your mobile device using the school’s Wi-Fi. Also keep a clear distinction between your personal and professional identities online. Don’t friend students, parents, and people you only know professionally, or otherwise connect with them through your personal account. If you want to use social media professionally, create a separate account for this and maintain appropriate boundaries and language at all times. Alternatively, you could use a social network specifically designed for connecting professionally.
- DO: Monitor your own internet presence, so you’re aware of content posted by others about you or content posted by an imposter posing as you. Create a Google alert to notify you when anything about you has been posted. Monitor comments that are posted to your page and your friends’ photographs. Delete inappropriate language or content. If someone “tags” you in an inappropriate photograph, remove the tag and ask the friend to take the photo down.
- DO: Contact OEA if you have any questions. If you’re about to publish something that makes you even the slightest bit uncomfortable, feel free to discuss it with your Labor Relations Consultant.
- DON’T post profanity, obscenity or anything that depicts you in an unfavorable light, including, but certainly not limited to, any images with you drinking, using drugs, in questionable settings, with disreputable companions, in inappropriate attire, or engaging in illegal activities.
- DON’T vent online. Under no circumstances should you ever tell stories about work that include personally identifiable details, such as full names, job titles, addresses, phone numbers, pay, or other information protected by state and federal privacy laws. Even eliminating any specific information about your situation and/or presenting it as a hypothetical puts you at risk.
- DON’T post anything related to a student, no matter how harmless you think it is. Never counsel a student online.
- DON’T accept an online relationship with anyone who you do not know offline. This is true for everyone, not just educators. Don’t assume Facebook friends of your friends are safe.
- DON’T join groups that may be considered unprofessional or inappropriate, and leave any such group of which you are already a member.
Additional Resources
Facebook Privacy Settings and Tools: https://www.facebook.com/about/basics
Twitter Support: https://support.twitter.com
YouTube Help Center: https://support.google.com/youtube
Pinterest Help Center: https://help.pinterest.com
Help for Flickr: https://help.flickr.com
How to Create Social Media Guidelines for Your School: http://bit.ly/Lx3bJV
Online Database of Social Media Policies: http://bit.ly/KPYOJA
Download these guidelines.
Employee Use of the Internet
In the past several years, OEA has had a rash of contractual and legal issues regarding alleged misuse of the Internet – school and personal. Therefore, we wanted to remind you of the following common sense applications of Internet usage.
- You have Internet access at your school, you probably have signed a copy of the District’s “Acceptable Use Policy.” PLEASE READ IT!
- Do NOT visit Internet sites from your school computer that would be objectionable if a student saw the information posted there.
- Be VERY CAREFUL in your e-mail correspondence to students. Do not send even marginally questionable jokes, notes, etc. to students EITHER from your school computer or from your home computer. Your e-mail correspondence to students should ONLY be classroom-related. In fact, it would be better to e-mail to the PARENT, rather than the student.
- Do your best to monitor what students are viewing over the Internet sites in your workplace. Be sure that you have a classroom policy on use of the computers and Internet sites.
- Always remember that SOMEONE can read any e-mail you send or receive from the school’s computer.
- Illegal use of the Internet and e-mail ARE grounds for termination.
- When in doubt, DON’T! YOUR career is at stake!
If A Member Is Assaulted
If a member is the victim of an assault while on school property, the following procedures are recommended:
- Write down as soon as possible after the assault incident all particulars of the situation, including names, witnesses, date, time(s), location, and general conditions.
- Contact the proper school authorities.
- Contact the local association.
- Have the person determine his/her rights to assault leave under the Ohio Revised Code or the collective bargaining agreement.
- Take pictures, if relevant and possible, of injuries or property damage.
- Get a doctor’s statement if there is even a remote possibility of personal injury.
- File all appropriate police reports.
- Press charges against the assaulting student(s) or others.
- Avoid talking to anyone representing the student or others without prior counsel.
- Remember, members are covered by the OEA/NEA Legal Services Program if charges are filed against them.
For Member Protection
Under Ohio law, public employers bear responsibility to indemnify their employees against certain tort claims for acts occurring within the scope of their employment. However, as OEA members, individuals have the additional protection of $1 million in professional liability insurance. This program provides for: *
- Liability Protection. Payment of up to $1 million in damages assessed against a member as a result of a lawsuit.† There is a $3 million aggregate limit per occurrence for this coverage. This is excess coverage, meaning that it is available when the employer declines to provide coverage or where liability limits are exceeded.
- Legal Costs. Payment of all legal costs in defending such cases.
- Civil Rights. Payment of up to $300,000 in damages, attorney fees, and court costs if a member is charged with the violation of the civil rights of an individual.†
- Criminal Cases. Reimbursement of attorney fees and other legal costs up to $35,000 if a member is charged with violating a criminal statute in the course of employment, provided the member is found innocent of the charges or the charges are dropped. If charges stem from an incident involving corporal punishment, the member can be reimbursed up to $35,000, regardless of the outcome of the case.
- Bail Bond. Reimbursement of up to $1,000 of the bail bond premium if the member must post bond.†
- Personal Property Damage. Payment of up to $500 for damages to personal property when caused by an assault in the course of employment. If you believe there is a claim under the liability protection program, contact your local OEA/NEA Labor Relations Consultant immediately.
†In an incident arising out of the member’s education employment.
* In civil actions related to your education employment activities. Please note: This is not a full description of the coverage. For a complete description of OEA/NEA liability coverage, please contact your Labor Relations Consultant.
Ohio School Districts Can Receive Funds For Breakfast In The Classroom
COLUMBUS – October 6, 2016 – Beginning today, Ohio school districts can apply for a grant from Partners for Breakfast in the Classroom (the Partners) to provide a much-needed healthy and nutritious morning meal to local students and help increase participation in the federally-funded School Breakfast Program. School districts will be selected based on the number of students that qualify for free or reduced priced meals, the average daily participation in the school breakfast program, as well as district and school-provided support.
The Partners, which is a consortium of national education and nutrition organizations, selected 10 states to participate in the program based on need and the potential for success. They include Idaho, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, Ohio, Oklahoma, Texas, and Utah. The goal is to increase access to a morning meal for 30,000 students in the 10 states.
Through a $7.5 million grant from the Walmart Foundation, the Partners will offer a school breakfast to students at no charge and will move it from the cafeteria to the classroom. This is intended to improve participation in the School Breakfast Program and boost learning and health.
While most U.S. schools currently participate in the federal School Breakfast Program, nearly half of low-income children who are eligible for a free or reduced-price breakfast are not eating it, according to a 2015 analysis by the Food Research & Action Center. Barriers include school bus schedules, late arrivals to school, pressure to go directly to class, and reluctance to be labeled “low-income.”
The grants from the Partners for Breakfast in the Classroom to help bring healthy morning meals into the classroom would have an invaluable impact on students and we encourage school districts across the state to apply,” said Scott DiMauro, vice-president of the Ohio Education Association. “The proven benefits of moving breakfast from the cafeteria to the classroom include better attendance records, less tardiness, and fewer behavioral and discipline problems. Those benefits are what the students in Ohio deserve.”
Since 2010, 35 school districts in 18 states have been awarded a grant by the Partners to implement the Breakfast in the Classroom programs. This has resulted in more than 63,000 students starting their day off with a healthy breakfast. The Partners’ grant will provide funding to school districts to assist with the upfront costs typically associated with starting a breakfast in the classroom program. That includes assisting schools with the purchase of equipment, marketing and communication needs, staff training, and the hiring of short-term food staff.
For more information and to find out if a district is eligible, visit www.BreakfastintheClassroom.org.
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About Partners for Breakfast in the Classroom
The Partners for Breakfast in the Classroom came together in 2010 in response to their shared passion for childhood nutrition and the potential to improve educational outcomes and child health. The Partners include the Food Research & Action Center (FRAC), the National Association of Elementary School Principals (NAESP) Foundation, the School Nutrition Foundation (SNF), and The NEA Foundation. The Partners provide technical assistance and support to school districts to implement the Breakfast in the Classroom programs. The mission of the Partners is to increase breakfast consumption among schoolchildren and spark the academic and nutritional gains associated with the morning meal through the implementation of Breakfast in the Classroom programs.
The Ohio Education Association (ohea.org) represents 123,000 teachers, faculty members and support professionals in Ohio’s public schools, colleges and universities
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Donald Trump Is ‘Clueless About What Works’ For Students, Public Education
Trump Double-Downs On Failed Education Policies At Failing, For-Profit Charter School
CLEVELAND – September 8, 2016 – With just weeks to go until Election Day, voters have been frustrated with Donald Trump’s failure to provide detailed plans on major issues such as education, the economy and foreign policy. Trump today visited a for-profit charter school in Cleveland to talk education.
“Donald Trump isn’t serious about doing what’s best for our students, and he’s clueless about what works. His silver bullet approach does nothing to help the most-vulnerable students and ignores glaring opportunity gaps while taking away money from public schools to fill private-sector coffers. No matter what you call it, vouchers take dollars away from our public schools to fund private schools at taxpayers’ expense with little to no regard for our students,” said NEA President Lily Eskelsen García.”
“Today we saw Donald Trump desperately throw a bunch of failed education policies against a wall to see if any of them would stick. In contrast, Hillary Clinton believes a child’s chance of success should not depend on living in the right ZIP code. And she is fully committed to supporting educators and to ensuring that they not only we have a partner in the White House but that we also have a seat at the table,” added Eskelsen García.
Decades of research have found that vouchers fail to improve student achievement in any impactful way, do not help the students most in need and ignore the real opportunity gaps that exist in public schools. And the backdrop of a failing for-profit charter school for today’s campaign stop shows just how clueless and out-of-touch Trump is from what kids need to succeed.
“Donald Trump’s campaign has been smoke-and-mirrors with no substance,” said Becky Higgins, a first-grade teacher serving as president of the Ohio Education Association. “Donald Trump has no understanding of what kids need to succeed in school or in life. He’s only concerned with his bottom line.”
A recent study by the Center for Research on Education Outcomes at Stanford University found that charter schools fail at higher rates than they succeed. On the Ohio state report card, more charter schools received F grades than As, Bs and Cs combined. Last year, more than $500 million in state aid was sent to charter schools that performed the same or worse than the local school district from which students transferred, according to KnowYourCharter.com.
Trump’s lack of a real education plan isn’t the only thing that concerns educators in this highly unusual election. With his divisive campaign, Trump has taken hate mainstream.
“We teach our students to view the president as a role model, but when Donald Trump promotes a campaign built on racism, sexism and xenophobia, he’s no role model I would want for my students or my family,” said Dan Greenberg, a high school English teacher in Sylvania, Ohio. “It doesn’t matter who you are — Democrat, Republican, or Independent — we have to vote our conscious over political party. Donald Trump is not fit to be Commander-in-Chief.”
In the last days of Election 2016, Trump’s attempt to “soften” his tone can’t change how his campaign has been built on racist prejudice and paranoia.
“We’ve seen behavior from Donald Trump that we would never accept in a classroom,” added Eskelsen García who was the 1989 Utah Teacher of the Year before being elected president of the 3 million-member National Education Association. “We teach children to reject prejudice and stereotypes like the ones Donald Trump embraces every time he hurls racial slurs, insults immigrants and women, and talks about banning Muslims from entering our country. We need a president who stands up to bullies — not one who embraces their tactics.”
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Keep up with the conversation at #StrongPublicSchools
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The Ohio Education Association (ohea.org) represents 122,000 teachers, faculty members and support professionals in Ohio’s public schools, colleges and universities
The National Education Association is the nation’s largest professional organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers. Learn more at www.nea.org.