Bargaining OSCES
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Once a Union is Formed
Negotiating a Contract
Once the company recognizes the union (via card check) or the union wins an NLRB election, the company and union must negotiate a contract which spells out terms of employment for those workers eligible for the contract. Usually, the union bargaining team is com-posed of leaders from the organizing commit-tee and union representatives familiar with contracts and bargaining.
Negotiating a contract is referred to as collective bargaining. When relations between unions and management are decent, contracts can usually be agreed to in a relatively short period of time – a few days, a few weeks or at most, a few months. Negotiations that drag on longer than a few months usually do so because a company does not want a contract. Unfortunately, 32 percent of workers in the U.S. who vote for a union for the first time never get a contract.
Enforcing the Contract
A union contract sets forth the terms of employment and a grievance mechanism for dealing with disagreements. A shop steward is the person who assists workers in filing grievances and using the grievance process. The union has a legal obligation to assist workers in the process. A shop steward is usually a worker who has special training in understanding the contract.
Renewing the Contract
Because contracts are for specific periods of time, such as one year or three years, the contract will “come up for renewal.” For most union-management relations, this is a fairly straightforward process. In other situations, it can become contentious.
The traditional way for workers to exercise pressure on a company is to go on strike. This is almost always a last resort for because it is so hard on their families.
Your Right to Organize
The right to have a union, support a union, and engage in union activity is protected by State and Federal law. It is illegal for management to harass, intimidate, punish, or fire anyone for exercising your legally protected right to organize.
From Ohio Revised Code, Section 4117.03 – Rights of public employees:
- Public employees have the right to:
- Form, join, assist, or participate in, or refrain from forming, joining, assisting, or participating in, except as otherwise provided in Chapter 4117. of the Revised Code, any employee organization of their own choosing;
- Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection;
From Ohio Revised Code, Section 4117.11 – Unfair Labor Practice:
- It is an unfair labor practice for a public employer, its agents, or representatives to:
- Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Chapter 4117. of the Revised Code or an employee organization in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances;
- Initiate, create, dominate, or interfere with the formation or administration of any employee organization, or contribute financial or other support to it; except that a public employer may permit employees to confer with it during working hours without loss of time or pay, permit the exclusive representative to use the facilities of the public employer for membership or other meetings, or permit the exclusive representative to use the internal mail system or other internal communications system;
- Discriminate in regard to hire or tenure of employment or any term or condition of employment on the basis of the exercise of rights guaranteed by Chapter 4117. of the Revised Code. Nothing precludes any employer from making and enforcing an agreement pursuant to division (C) of section 4117.09 of the Revised Code.
- Discharge or otherwise discriminate against an employee because he has filed charges or given testimony under Chapter 4117 of the Revised Code
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.
Bargaining Nondiscrimination
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Bargaining Salary
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Local Chapter Development: Ten steps for organizing
Step One: Form a Steering Committee
What is a Steering Committee
A Steering Committee is a small group of people who share common interest and goals
Whom can I contact?
Friends, classmates, roommates, club members, people in your dorm.
How do I approach these people?
Ask questions like:
- Have you heard of NEA Student Program?
- What do you think of the NEA Student Curriculum?
- Are you covered by insurance?
- Do you know what certification requirements are for your state?
Follow with:
- The Student Program helps _________________.
- The Student Program is an advocate of ________.
- The Student Program offers $1,000,000 liability insurance.
What do I need?
To know what the Student Program is and what it stands for.
To have literature available
To be committed
Step Two: Enlisting the Support of Key People
Who are the Key People?
President of the College, college deans, chancellors, committee chairpersons, Department chairpersons, other student leaders.
How do I find out who has the power?
Read the college governance documents.
Read minutes from meetings.
Read the campus newspaper.
Ask college faculty members
Consult with the former Advisor(s) if there was one (or more).
What do I do when I find them?
Make an appointment to see them.
Take someone with you to show support.
Explain what you are trying to do.
Ask about funding and facilities.
Ask about being a recognized campus organization.
Send them a thank you note.
Step Three: Select an Advisor
Is an advisor important?
Yes, they are the most important link between your organization and the college.
What do I look for in an advisor?
Someone who has a good rapport with the students, is willing to spend time with the organization, has a commitment to teacher education. Hopefully, the person is in the Education Department and is an NEA member.
What if no one on campus will do it?
Check the local schools for an NEA member. Be careful though, this may affect campus recognition. Another possibility is a retired teacher or professor in the area.
Step Four: Steering Committee
Who goes to the meeting?
Your Steering Committee advisor, and maybe some of the key people you contacted.
What do I do?
At this meeting, you are going to look at the remainder of your organizational plan and prepare for your first general meeting. Make assignments for the next meeting; be sure to include publicity, program and refreshments. Do not hesitate to contact your state association for help at this time.
Step Five: Chapter Meeting
What do I need to remember?
To prepare plenty of advance publicity
To select a time and date which allows the most people to attend
To have an interesting program
To keep the meeting as short as possible
To have NEA Student Program literature available
To have membership forms available
To leave participants with the thought that they should join because membership in a chapter is going to be a rewarding experience for them.
To set the date for the next meeting
To have a sign-in sheet so you have the address of everyone who attends 20
Step Six: Membership Collection
WHAT IS A MEMBERSHIP COLLECTION SPOT?
The membership collection spot is a place that is: centrally located on campus, open most of the time, and where someone can keep an eye on it.
WHY IS IT SO IMPORTANT?
If someone has a membership form but does not know where to take it, they won’t turn it in.
WHAT IF I DON’T HAVE ENOUGH PEOPLE TO HAVE ONE?
Ask a secretary if they would do it.
Set up a ballot box arrangement.
See if the campus bookstore would collect them
Publicize the location of the membership collection spot.
You may even be able to have more than one.
Step Seven: Personal Contact Follow-Up & Membership Promotion
WHAT KIND OF CONTACT SHOULD I MAKE?
Some possibilities are: phone calls, post cards, letters, visits, and, of course e-mail.
WHAT DO I SAY?
Thank them for attending.
Remind them of the next meeting.
Ask if they have any suggestions.
Did they join; do they want to?
Do they know of anyone else who might be interested?
Would they like some literature to distribute?
HOW DO I KNOW WHOM TO CONTACT?
You should have a list from your first meeting. If not, ask people you know attended.
WHY A CONTINUED PROGRAM?
Membership promotion is a year-round task for your chapter. There are peak seasons for membership drives, fall and spring. The process, however, should never take a break. Always have promotion materials visible and readily available. You never know when someone will have the urge to join and you don’t want to be caught with your membership down!
WHERE DO I GET MY MATERIALS?
Contact your state student organizer to obtain membership brochures about both the national and state levels of the Student Program.
Step Eight: Steering Committee Second Meeting
WHAT HAPPENS AT THIS MEETING?
Three important tasks must be accomplished at this meeting:
- Plan for second general meeting
- Select a slate of officers
- Evaluate what you have done so far.
WHAT DO WE NEED FOR THE GENERAL MEETING?
You need to:
- Follow the same procedures as your first meeting.
- Hold election for officers.
- Propose local dues.
- Establish any committees you may need.
WHAT OFFICERS DO WE NEED?
President, vice president, and secretary/treasurer
HOW DO WE EVALUATE?
Take a good look at your past activities.
Don’t be afraid to admit mistakes.
Take measures to correct them.
WHAT SHOULD I SUBMIT TO THE STATE ASSOCIATION?
You need to complete the affiliate application and submit it along with the appropriate documents (Constitution & bylaws etc. See Appendix for samples)
Step Nine: Plan Activities
WHO IS INVOLVED?
Your elected leaders, committee chairpersons and advisor.
WHAT TYPES OF THINGS DO WE PLAN?
Suggestions:
- Set a membership goal
- Plan the membership drive.
- Identify program areas of concern.
- Set tentative meeting dates
- Plan for state activities.
- Plan for national activities.
- Develop a budget.
Remember:
- To prevent problems by asking for help.
- To set only those goals you can reach.
- To be patient; growth takes time
Step Ten: Contact Local and State Associations
WHAT IS THE LOCAL ASSOCIATION?
Your local community school district will have a local education association, employees that are affiliated with the state and the national Association.
WHAT CAN THE LOCAL ASSOCIATION DO?
Local leaders and staff can give you advice and help you with your student local.
They can speak in classes or at your local meeting.
They can provide opportunities for student members to visit local classrooms and to attend teacher In-Service day.
They can also invite students to attend regular association or regional meetings.
They can help answer questions about building your chapter and about entering the teaching field.
Be wonderful contacts for you when you begin your job search.
WHOM SHOULD I CONTACT?
Call the Association President and /or UniServ.
If you are student teaching, ask to meet the Association representative in your building.
WHAT CAN THE STATE ASSOCIATION DO FOR YOU?
Arrange for members to speak at meetings.
Provide materials or other information.
Provide other speakers.
Provide statewide conferences.
Bargaining ESSA
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OEA-R Advisory Council
OEA-R Advisory Council Leads Activities
In Ohio, members of the OEA-R Advisory Council guide a group of thousands of retirees. They are among the most active in the work of the Ohio Education Association – whether in support of political activity, professional development or advocacy to preserve economic security and retirement benefits.
Membership in OEA-Retired offers the opportunity for retired educators to keep informed about education and retirement issues, and to continue to be involved in OEA and NEA activities at the level the individual chooses.
The members of OEA-R Advisory Council elect by ballot are: Chairperson, Vice Chairperson, Secretary, 10 district representatives, an ESP representative, a higher education representative, an at-large representative and a representative to the OEA Board of Directors. This group, along with a newsletter editor and a representative to the Fund for Children and Public Education, direct the activities of OEA-Retired.
One of the main objectives of the organization is to promote district retirement organizations so that members can participate in programs closer to home.
Retired members also elect members to represent them at the OEA Representative Assembly and the NEA Representative Assembly.
OEA-R activities each year include a fall conference in Columbus and a spring conference held in one of the five OEA regions.
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.