The Office of Labor Relations Thursday, November 14, 2013 Hialeah Senior High School

Mr. Jorge L. Garcia, Administrative Director Mr. Paul V. Wilson, Administrative Director

Mr. Christopher F. Kurtz, Labor Attorney Ms. Ronda Martin, District Director Ms. Andrea M. Williams, Director

FOUR BASIC COMPONENTS OF THE M-DCPS OFFICE OF LABOR RELATIONS

Collective Bargaining

Contract Administration/Implementation

Maintenance of the Labor/Management relationship

Represent the School Board in Public Employee Relations Commission (PERC) hearings, arbitration proceedings, and other court proceedings involving labor relations or contract administration

LABOR AND THE LAW

The Public Employees Relations Act, Chapter 447 of the Florida Statutes, is the law that governs the functions of labor relations.

Section 447.201 (Statement of Policy) Section 447.209 (Public Employer’s Rights) Section 447.301 (Public Employees’ Rights; Organization and

Representation) Section 447.309 (Collective Bargaining; Approval or Rejection)

LABOR AND THE LAW The Office of Labor Relations represents the School

Board in: PERC proceedings

• Representation/Certification hearings • Impasse Proceedings • Unfair Labor Practice hearings • Unit Clarification hearings

Arbitration hearings Court proceedings

UNION PROFILES THE UNITED TEACHERS OF DADE (UTD)

The United Teachers of Dade (UTD) is the exclusive bargaining agent for Miami-Dade County Public Schools (M-DCPS) with approximately 33,000 full and part-time teachers, paraprofessionals, school support personnel, and office employees.

UTD is affiliated with the Florida Education Association/United (FEA/United), the American Federation of Teachers (AFT), and the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO).

Mr. Fedrick C. Ingram, President; Dr. Thomas Gammon, First Vice President.

UNION PROFILES American Federation of State, County and Municipal Employees

(AFSCME) The American Federation of State, County, and Municipal

Employees (AFSCME) , Local 1184, is the exclusive bargaining agent for Miami-Dade County Public Schools (M-DCPS) with approximately 8,000 full and part-time general labor and craft employees. These employees are involved in a wide range of essential support service activities such as student transportation, vehicle maintenance and repair, custodial and general maintenance, food service, materials management and distribution.

Mr. Sherman Henry, President; Ms. Vicki Hall, Vice President.

UNION PROFILES DCSMEC: Dade County School Maintenance Employee Committee

is the exclusive bargaining agent with approximately 900 employees. Mr. Joseph Cortese, Business Representative; Mr. Donald Waugh, President.

DCSAA: Dade County Schools Administrators’ Association is the

exclusive bargaining agent with approximately 410 employees. Mr. Charles Burdeen, Executive Director. Mr. Ernie Brito, President.

FOP: Florida State Lodge, Fraternal Order of Police is the exclusive

bargaining agent with approximately 150 officers. Lt. Howard Giraldo, President of the Local Lodge #133. Mr. Joe Puleo, FOP Staff Representative.

OTHER EMPLOYEE ORGANIZATIONS

MEP: Managerial Exempt Personnel (MEP) consists of approximately 1,340 employees. Mr. Delio Diaz, Executive Director; Mr. Jose Bueno, DASA President.

CEP: Confidential Exempt Personnel consists of approximately 220 secretaries and support staff. Ms. Jasmin Crawford, CEP Employee Representative.

GRIEVANCE PROCESS OVERVIEW A grievance is a formal allegation by an employee and/or the

bargaining agent that there has been a violation, misinterpretation or misapplication of any of the terms and conditions of employment set forth in the contract.

Each Union contract has specific procedures outlined in the contract that details processing and administering a grievance.

Principals should make every effort to resolve the alleged issue during the pre-grievance process.

Upon receipt of a grievance form, Principals should notify the Region office.

GRIEVANCE PROCESS (UTD) LEVEL I The aggrieved employee or the bargaining agent files the grievance in writing

on Grievance Form (FM-2729) within 30 days of occurrence. The immediate supervisor must note the date of receipt of the grievance, review for timeline completeness or specifications, and request a grievance number from the Office of Labor Relations.

The supervisor shall meet with aggrieved employee within five days of receiving the grievance, as well as notify the bargaining agent in writing of the proposed meeting date and the right to send a observer/representative.

Within five days of the meeting, the supervisor shall communicate the decision in writing to the employee, with copies to the bargaining agent, Office of Labor Relations, and the immediate superintendent.

If no resolution is reached, the employee/Union shall appeal in writing within five days of the rendered decision.

GRIEVANCE PROCESS (UTD) LEVEL II

The immediate superintendent shall notify the Office of Labor Relations of the appeal, and advise the bargaining agent of the meeting date and the right to send an observer/representative within ten days.

Within ten days after the Level II hearing, the immediate superintendent shall render a decision in writing to the bargaining agent, with copies going to the aggrieved employee and the Office of Labor Relations.

The aggrieved employee/bargaining agent may appeal in writing at Level III within five days of the rendering of the decision; the notice of appeal is sent to the Office of Labor Relations.

GRIEVANCE PROCESS (UTD) LEVEL III

The Level III Superintendent or designee shall schedule a meeting within twelve days after receipt of appeal.

Within twelve days of the meeting, the Level III Superintendent or designee shall render a decision in writing to the bargaining agent, with copies to the employee, supervising administrator, immediate superintendent, and the Office of Labor Relations office.

If the decision is not accepted, the next step in the process is an arbitration hearing in front of a neutral Arbitrator.

All decisions rendered by the Arbitrator are final and binding.

GRIEVANCE PROCESS (AFSCME) LEVEL I

The aggrieved employee, with or without the union steward, shall discuss the grievance with the supervising administrator within five days of the occurrence or knowledge giving rise to the grievance.

If not resolved during the discussion, the aggrieved employee or the bargaining agent files the grievance in writing within ten days to the supervising administrator.

The administrator will schedule and meet at a mutually agreeable time with the aggrieved employee and his/her union representation.

Within ten working days of the meeting, the supervising administrator will render a decision in writing to the aggrieved employee, immediate superintendent, the bargaining agent, and the office of Labor Relations.

GRIEVANCE PROCESS (AFSCME) LEVEL II

If grievance is unresolved at Level I, an appeal must be made by the employee in ten working days after the supervising administrator’s response. The immediate director will then schedule, meet, and respond to the grievance appeal within ten working days of receiving the appeal notice.

The immediate director will notify the Office of Labor Relations office and the bargaining agent of the appeals meeting. The immediate director will conduct the Level II meeting.

Within ten working days of the meeting, the immediate director will render a decision in writing to the aggrieved employee, the immediate superintendent, the bargaining agent, and the office of Labor Relations.

GRIEVANCE PROCESS (AFSCME) LEVEL III If the aggrieved employee is unsatisfied with the Level II decision, an appeal of

the decision reached at Level II must be communicated in writing within ten working days of the Level II response due date to the Chief Operating Officer of School Operations.

Upon receipt of the appeal, and within ten working days, the Chief Operating Officer of School Operations or designee shall schedule, conduct a meeting, and render a decision to the aggrieved employee and the Union representative.

The response shall be rendered in writing to the aggrieved employee, the supervising administrator, the immediate director, and the Labor Relations Office.

If the decision is not accepted, the next step in the process is an arbitration hearing in front of a neutral Arbitrator.

All decisions rendered by the Arbitrator are final and binding.

BARGAINING HIGHLIGHTS (UTD) Teacher Certification: Teachers who accept employment to teach in the out-of-field areas by signing an

out-of-field waiver, must present evidence of completion of requirements located in Article XII, Section 2.E.2 and prior to June 30, 2015 or be terminated.

Teachers who hold Special Education certificates shall be required to obtain additional certification in a core academic area to be considered highly qualified. Teachers who fail to satisfy this requirement prior to June 30, 2015 shall be terminated.

Teachers who are assigned to teach Career and Technical Education courses shall possess an applicable industry certification. Current employees who fail to satisfy this requirement prior to June 30, 2015 shall be terminated.

Teachers needing the ESOL endorsement must complete the requirements as stated in Article XII, Section 2.F. Current employees who fail to obtain minimum coursework prior to June 30, 2015 shall be terminated.

BARGAINING HIGHLIGHTS (UTD)

Substitutes/Paraprofessional /Associate Educators/School Support Emergency temporary instructors who are assigned as a

paraprofessional or associate educator, shall be paid at the rate of the assignment, regardless of their degree.

Effective June 20, 2014, full time employees working beyond their assigned work week up to and including 40 hours shall be granted straight-time pay or compensatory time at their non-lapsed hourly rate.

Overtime rate begins at 40 hours worked.

LESSONS IN LABOR (INTERACTIVE SCENARIOS)

MIAMI HERALD PRINTS E-MAIL There has been some use of the school e-mail system by a group of teachers

to promote their political candidates. Supporters of the opposing candidates have informed the Miami Herald of the alleged Board Policy infraction. All e-mails of staff with access to computers have been requested by the Miami Herald.

1) Is this legal? 2) Can the Union stop this action? 3) Do you have any privacy rights? 4) Where is this located in the contract?

LESSONS IN LABOR (INTERACTIVE SCENARIOS)

WAIVING THE WAIVER You have just been assigned as the new principal of Patrick Henry Senior High

School. You find that the school is implementing a 4X4 block schedule. This makes you very happy. When you check with your administrative team, you discover that there is not a waiver on file granting a waiver of contract provisions. However, you do have documents signed by every teacher agreeing to teach the extra periods without supplements for the benefit of the students. As a result you continue to implement the 4X4 schedule.

1) As the principal, what should you do? 2) Is this contractually allowed? 3) Where in the contract is this located?

LESSONS IN LABOR (INTERACTIVE SCENARIOS) SHIFT ASSIGNMENT

Mr. Deluxor Sander, head custodian has been working on days for six years since he was promoted from lead to head custodian. However, the school has lost student population and does not warrant two people during the day. Additionally, a change in the square footage formula has resulted in one less allocated position at the school.

As principal, Ms. Dewey Little has decided to keep the female custodian on days because she has children and there is less heavy work during the day. She notifies Mr. Sander of his impending change to the night shift by calling him to the principal’s office. He was given verbal notice on May 1st telling him that on May 21st his schedule will be changed from days to nights.

Mr. Sander says he has an evening job, teenage children and this is a hardship on his family. The Union has been asked to intervene on his behalf.

1) What are the contractual concerns? Name three. 2) What would be your recommended resolution?

LESSONS IN LABOR (INTERACTIVE SCENARIOS)

LAYOFF Ms. Goldia Inlay, principal at Galaxy Middle school, has been contacted by her

Region Director and was told that her hourly budget structures will be zeroed out at the end of the month. Ms. Inlay is to notify all of her hourly employees of this budget action and the impact it will have on them. Ms. Inlay immediately calls all impacted employees together and tells them the news and gives them their last date for work at Galaxy Middle.

One of the employees has been working at Galaxy Middle for ten years, even longer than Ms. Inlay. She is a permanent part-time employee who notifies her AFSCME Union representatives who in turn immediately contact Ms. Inlay. They say the employee can not be released without due process.

1) What contractual problems are evident in this situation? 2) What would be your recommended resolution?

OFFICE OF LABOR RELATIONS

QUESTIONS???? CONCERNS???? COMMENTS???? Contact the Office of Labor Relations

(305) 995-1590 http://laborrelations.dadeschools.net/

Mr. Jorge L. Garcia, Administrative Director Mr. Paul V. Wilson, Administrative Director

Mr. Christopher F. Kurtz, Labor Attorney Ms. Ronda Martin, District Director Ms. Andrea M. Williams, Director