THE PEA Communiqué

Up To Date Info For Our Members

April 17, 2008

Bargaining Update & Other Issues

PEA is currently at the bargaining table with the Polk School District and many of your issues and concerns have been brought forth in the form of bargaining language. If I were asked to characterized this year’s bargaining in two words the answer I would have to give is “difficult and slow.” We have made several proposals around issues of planning time, workload issues, overpayments, and addressing assessment concerns. The District has made several proposals surrounding issues such as certification requirements, overpayments, removing the 1/6th pay provision, and removing the NBCT $1000.00 supplement should the legislature not fund the program. Thus far neither side has been able to reach Tentative Agreement on any issue. Money has not yet been brought to the table for discussion. Please know that PEA’s bargaining team remains committed to the teachers and support staff we represent and we have heard from many of you on these very issues and remain committed to representing your voice at the bargaining table. I choose not to go into great detail at this time because negotiations are ongoing and we want to bargain in good faith. Please note that the next negotiation session Monday, April 21st at 4:30 pm at the PEA offices at 730 E. Davidson St. in Bartow. I have been asked if the sessions are open and the answer is yes. I have been asked if the Superintendent can change the scheduling model without coming to the bargaining table and the answer is yes. HOWEVER, the Superintendent can not unilaterally change the terms and conditions of the bargaining agreement to do this and there are provisions that are impacted. To explain this I have included two pieces of information for you. The first is Florida Statute 447.209 and the second is a ruling from the Public Employee Relations Commission (PERC). Both of these pieces speak to the fact that the changes that impact the contract must be bargained and bargained fairly!

Florida Statute 447.209 states:

447.209Public employer's rights.--It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation.

PERC found in Martin County Education Association V. Martin County School Board. 5 FPER section 10302(1979) Decision to change number of instructional periods in workday is a management right but its impact upon terms and conditions of employment must be bargained before implementation.

Bargaining is slow and difficult, but, we expect the pace of our communication to pick up as several issues will be coming to a head. Please keep informed by reading any e-mail communication or by visiting our web page at www.polkea.org. We will report progress (or lack thereof) ASAP.

Overpayment Update

PEA completed a mediation session Wednesday with the assistance of a Federal Mediator in an attempt to resolve the many complex issues in dispute. While progress was made, the mediation did eventually end without an agreement. Additional discussion will continue on Monday at bargaining, where we hope that some relief can be found for the many employees affected by the disputed issues. As soon as we have completed this attempt at resolution, we will update everyone. In the meantime, we continue to encourage employees to not sign agreements where there are disputes or lack of understanding of the District’s calculations. Employees have the right to have a hearing to resolve any pay disputes and PEA can and will assist any member in this pursuit.

2008 Workload Survey

All teachers should receive a follow-up e-mail by early next week to have a final opportunity to complete the survey. Many of you reported the original e-mail getting caught in your junk mail folders and have requested an additional opportunity to take the survey. We will be using the data to support our positions in bargaining, so if you have not completed the survey, please watch for the notification. The survey will be closed by the end of next week and the e-mail will contain the final date. If you have any problems, please contact the PEA office. We will let you know the results in the near future. The link is http://tinyurl.com/3c7xen The password is----TEACHER

Non-reappointments & Displacements

There will be a meeting for any employee who has been notified that they have been non-reappointed for the 2008-2009 school year. This includes both “Mission and Vision” employees as well as those annual contract employees who have been notified that there is no position at their current worksite. Meetings will be held on Wednesday, April 23 at 4:45 PM at the PEA Office and on Wednesday, the following week, April 30 at 4:30 PM for those who have conflicts on Tuesdays. We will answer questions, discuss your rights, and provide you with as much information as possible. We find these sessions helpful as people will ask questions which assists everyone to be better informed.

Employees with continuing contracts who are being displaced should call the PEA office with any questions or concerns. Administrators are to request volunteers first and use seniority to determine any involuntary transfers. Continuing employees who are displaced are to be placed into open positions prior to any hiring for the next school year.

Our members are our strength, and you, the PEA membership, proved that last year when we dealt with difficult issues. Again, please keep informed! Thank you for all that you do! Never hesitate to call if we can be of assistance!

Marianne Capoziello, President  

Links:
Florida Education Association
National Education Association
American Federation of Teachers
AFL-CIO

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