Collective Bargaining Logbook

A comparison of certain aspects of two different agreements

By: Robert Michael Brown

March 8, 2012

EDUPL 949 - Ctv Brg Crt Adm Ed (9835)

Professor: Dr. Jack Conrath

Table of Contents

Title Page 1

Table of Contents 2

Section 1 Springfield CSD and Hilliard CSD Profile..3-6

Hilliard City School District Profile......3-6

Springfield City School District Profile..6

Section 2 Collective Bargaining Comparisons.6-26

Hilliard CSD and Springfield CBA Points of Comparison..6-19

Grievance Procedure...6

Hilliard City School District....6-9

Springfield City School District..9-14

Comparison of grievance procedures....14

Hilliard City Schools Gievance Forms.15-19

Interview with Tim Dellapina Regarding Grievances..19-20

Comparison of discipline.....20-22

CBA Difference of note Class Size..22-25

CBA Difference of note Lesson Plans.25-26

CBA Comparative Summary..26

Hilliard and Springfield CSDs State Report Cards..27-28

Hilliard City School District Profile

The Hilliard City School District serves the communities of Hilliard, Brown Township, parts of Columbus, Norwich Township, Franklin and Prairie Townships, Galloway, and parts of Dublin. The city of Hilliard has a population of 28,435 residents while the areas included in the Hilliard City School district have a total population of 88,349. The school district encompasses a large area of about 60 square miles, but it is mostly rural farm land, housing developments, and light industry including a number of restaurants and retail centers. According to the district website, Industry in the District is diversified with a majority in the service sector. One of the largest employers in the District with 932 employees is Boehringer Ingelheim Roxane, Inc., a pharmaceutical company located in the Columbus portion of the District.

The Hilliard City School District has a comparatively high percentage of residents that have completed high school (95.7%) as well as having almost half of the population over the age of 25 with a bachelors degree or higher (44.2%).

Hilliard City School District State Report CardsThese are the State Report Cards for the district as well as each individual school.

Report Card for Hilliard City Schools

AreaAbout 60 square miles in northwest Franklin County, including all of Norwich and Brown townships; part of Washington, Franklin and Prairie townships; the City of Hilliard; part of the cities of Dublin and Columbus; and less than one square mile in Union County.

About 46.79% of students reside in Columbus, 38.26% in Hilliard, 11.20% in the townships and 3.76% in Dublin. (9/2011).

All homeowners are assessed the same rate of school property tax regardless of where they live.

District PopulationOrganized in the late 1800s and encompassing approximately 60 square miles in and around the city of Hilliard, the district celebrates diversity through its current rapid growth. The Hilliard City School District includes portions of the City of Columbus, the City of Dublin and five surrounding townships. According to 2000 data from the U.S. Bureau of the Census, the under-18 population in the school district grew 111 percent between 1990 and 2000. In 1989, the school district population was 35,896. By the year 2000, our population had jumped to 79,125.Enrollment (updated 9/2011)Overall : 15,689 Preschool Total: 299Elementary Total: 7,085Sixth Grade School Total: 1,166Middle School Total: 2,370High School Total: 4,769SchoolsAs the 9th largest school district in the state of Ohio, the Hilliard City School District serves more than 15,600 students in grades K-12, through three high schools, three middle schools, two sixth-grade schools and 14 elementary schools. The district also operates a transportation center, an administration building and a maintenance/resource center.Staff (updated 9/2011)Teachers: 1,140With MA or higher 80.9% K-12Average Salary: $69,950 Average Years Experience: 14.2 Years

Personalized education is the hallmark of the Hilliard School System. By identifying and responding to that which is unique in each student, dedicated teachers, tutors and support staff enrich the educational experience.

Support ServicesSchool-Age Child Care - School days, 7:00 - 9:00 a.m. and 3:30 - 6:00 p.m. Camille Bates, Director - 771-2267

Busing for students who qualify - Terry Timlin, Transportation Coordinator - 771-0041

Hot lunches served in all schools by the Aramark Corporation

Special programs and related servicesGifted Education Specialists and ProgramsTitle I (Reading) TutorsReading Recovery TeachersLearning Disabilities TutoringChapter II (Math) TutorsLearning Disabilities Resource RoomReading Recovery TutoringIntervention Assistance TeamsIntervention TeachersDevelopmentally Handicapped UnitsSupplemental Services TeacherMulti-handicapped UnitsSpeech/Language TherapySevere Behavior Handicapped UnitsSchool NursesOccupational/Physical TherapyAdapted Physical EducationPreschool Handicapped ProgramElementary Guidance CounselorsPsychological ServicesSecondary Guidance CounselorsLiteracy CoordinatorsElementary Library Media SpecialistsEducational TechnologistsMentoring ProgramsDiversity ProgramsStudent Leadership ProgramsFinancesDistrict Total Spending Per Pupil-- $11,475 FY2010 Franklin County Average Total Spending Per Pupil--$12,447 FY2010 State Average $10,565 FY2010

District spending is equal to total expenditures divided by the number of students enrolled. State data is based on State Department of Education (Division of Computer Services and Statistical Reports) annual cost per pupil publications.Cost per pupil source: Ohio Department of Education

School Tax Rate 57.297762 mills (effective rate, tax year 2011, collection year 2012)

**District Report Card on Page 27**

Springfield City School District Profile

Profile & Belief

Clark Center1500 W. Jefferson St. Springfield, Oh. 45506

The Springfield City School District serves approximately 8,000 students pre-school through grade 12 in a vibrant learning community of 63,500 residents in west-central Ohio. The dedicated and professional staff includes 490+ teachers, with approximately 355 support personnel and administrators.

Our students represent our whole community and we value the racial, ethnic and socioeconomic diversity of our student body. Our academic and extracurricular aim is to ensure academic growth for students at all abilities.

We are participating in Ohio's Race to the Top, which allows us to accelerate our work aimed at improving the academic achievement of our students. Elsewhere under the "District" Tab you will find more information on Race to the Top.

**District Report Card on Page 28**

Hilliard CSD and Springfield CBA Points of Comparison

The Hilliard City School District has a CBA with 94 pages that was most recently agreed to in January 2008. During the uncertainty of Senate Bill 5, the contract was extended beyond the December 2010 deadline. The new extension runs through 2013. From the outset, the CBAs in Hilliard and Springfield are similar. The length of the contracts are similar (Springfield: 84 pgs) and the table of contents looks the same. However, once I dug deeper, I began to notice differences.

Grievance Procedure

Hilliard CSD:

ARTICLE 18

GRIEVANCE PROCEDURE

A. Policy and Purpose

1. The Board recognizes that in the interests of effective personnel management, a procedure is

necessary whereby its employees can be assured of a prompt hearing on their grievances in

order to secure, at the lowest possible administrative level, equitable solutions to their

grievances.

2. Such procedures shall be available to all bargaining unit members, and no reprisals of any kind

shall be taken against any member(s) initiating or participating in the grievance procedure.

3. The proceedings shall be kept as informal and confidential as may be appropriate at any level

of the procedure.

B. Definitions

1. A "Grievance" is a complaint involving an alleged violation, misinterpretation or misapplication

of this Agreement.

2. "Days" mean calendar days exclusive of Saturdays, Sundays, and holidays.

3. A "Grievant" is the bargaining unit member(s) making the complaint.

4. "Immediate Supervisor" means the person to whom the grievant is directly responsible.

C. Procedures

1. Level One

a. Any bargaining unit member(s) who believes he/she has a grievance shall discuss the

grievance with his/her principal or immediate supervisor concerned. The action shall be

initiated within fifteen (15) days of the event giving rise to the grievance or the grievance

shall be considered waived. The member(s) has the right to be accompanied by counsel,

or a representative of his/her choice, or by both.

b. The grievant must specifically inform the immediate supervisor that he/she is initiating a

grievance under this Article.

c. The above grievance need not be in writing, however, the immediate supervisor shall

provide a dated written acknowledgment that the grievance has been filed.

d. A decision shall be rendered within two (2) days after the presentation of the grievance.

2. Level Two

a. If the Level One procedure does not resolve the grievance to the satisfaction of the

bargaining unit member(s), said member(s) may institute formal proceedings by

submitting the grievance, in writing, to his/her principal or immediate supervisor

concerned. Such request will be made within five (5) days of the decision at the informal

step or the matter will be considered closed.

(1) The grievance shall be presented in writing on the Grievance Report Form in

Appendix 'I' of this Agreement, and shall contain a concise statement of the facts

upon which the grievance is based, and a reference to the specific terms allegedly

violated, misinterpreted or misapplied. The grievance shall contain a statement as to

the action desired by the grievant.

(2) Within five (5) days of receipt of the Grievance Report Form, the principal or the

immediate supervisor concerned shall meet with the grievant in an effort to resolve

the grievance. The grievant shall be advised, in writing, of a mutually agreeable

time, date, and place of the meeting, and shall have the right to be represented at

such meeting by counsel or by a representative of his/her choice, or by both.

(3) The principal or supervisor concerned shall indicate his/her disposition of the

grievance within five (5) days after such meeting by completing the disposition

section of the Grievance Report Form, and returning it to the grievant. At the same

time, copies of the grievance and the indicated disposition shall be forwarded to the

Superintendent and to the Association President. Grievant's copy shall be either

hand-carried and delivery receipted, or sent by receipted registered mail.

3. Level Three

a. If the Level Two procedures do not resolve the grievance to the satisfaction of the

bargaining unit member(s) such member(s) shall have the right to request a hearing with

the Superintendent. Such request must be made, in writing, within five (5) days from the

date of the receipted reply of the indicated disposition mentioned in Level Two, paragraph

(3), or the matter shall be considered closed.

(1) The requested hearing shall be conducted within five (5) days following the receipt of

the written request by the Superintendent, unless both parties agree on a later date.

The bargaining unit member(s) submitting the grievance shall be advised, in writing,

of the mutually agreeable time, date, and place of the hearing, and shall have the

right to be represented at such hearing by counsel or by a representative of his/her

choice, or by both.

(2) The Superintendent shall make a decision on the grievance within five (5) days after

the conclusion of the hearing. The decision made by the Superintendent and the

reasons for the decision shall be reduced to writing and copies sent to the grievant,

his/her principal or immediate supervisor concerned, the Association President, and

to the Board Treasurer. Grievant's copy shall be either hand-carried and delivery

receipted or sent by receipted registered mail.

4. Level Four

a. If, within five (5) days after receipt of the written disposition from the Superintendent, the

grievant is not satisfied with the disposition of his/her grievance by the Superintendent,

the bargaining unit member may appeal, in writing, to the Board by filing such written

notice with the Treasurer.

(1) Failure on the part of the grievant, to file such appeal within five (5) days from receipt

of the Superintendent's written decision [Level Three, paragraph (2)] on the

grievance, shall be deemed a waiver of the right of appeal and the matter shall be

considered closed.

b. The matter shall be placed on the Board agenda and presented to the Board at its next

regular meeting.

(1) All parties involved in the grievance shall have the right to be represented at such

presentation by counsel or other representatives, or both.

(2) Each party involved shall be granted up to thirty (30) minutes to present his/her side

of the grievance.

c. The Board shall act upon such appeal no later than its next regular meeting, and earlier, if

deemed necessary by the Board President.

5. Level Five

With the concurrence of the Association, a grievant may appeal a Level Four grievance

disposition by having the Association submit a Demand for Arbitration to the Federal Mediation

and Conciliation Service (FMCS) five (5) days after receipt of the Level Four disposition. A

copy of said demand form will be sent to the Superintendent at the same time as the original is

sent to FMCS. The arbitrator will be selected in keeping with FMCS's voluntary rules and

regulations, except that either party may request a second list of arbitrators. Once the

arbitrator has been selected, he/she shall proceed with the arbitration on the grievance in

accordance with the FMCS Arbitration Services Program, Part 1404, Chapter XII of Title 29 of

the Code of Federal Regulations.

The arbitrator shall hold the necessary hearing promptly and issue the award within such time

as may be agreed upon. The award shall be in writing and a copy sent to all parties present at

the hearing. The award of the arbitrator shall be binding on the Board, the Association and the

grievant.

The arbitrator is specifically prohibited from making any decision which is inconsistent with the

terms of this Agreement, which alters or amends this Agreement, or which is contrary to law.

The arbitrator is also specifically prohibited from making punitive damage awards.

The costs and expenses of the arbitrator shall be borne by the losing party.

Springfield CSD:

ARTICLE THREE- GRIEVANCE PROCEDURES

A. Definitions.

1. A "grievance" shall mean a claim by a teacher or the Association that there has been a violation, misinterpretation .or misapplication of one or more of the provisions of the Agreement. Such claim shall specify the part of the Agreement which is claimed to have been violated.

2. A "grievant" is the person or persons making the claim.

3. A "party of interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

4. The term "days" shall mean teacher work days during the school year and week days during summer months.

B. Purpose. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to alleged grievances which may arise from time to time. Both parties agree that these proceedings shall be kept as informal and confidential as may be appropriate at any level of the procedure.

C.Procedure. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum and every effort should be made to expedite the process.. Any grievances not appealed within the time limits set forth below shall be considered settled on the basis. of the last decision. If an answer to a grievance is not received within the time limits set forth below, it may automatically be appealed to the next level. The time limits specified may, however, be extended by mutual agreement.

LEVEL ONE

Within twenty (20). days of an event or condition or the teacher's knowledge of the event, that. he teacher considers to be a grievance, he/she may file a written grievance . by completing Step I of a Grievance Report Form, in triplicate, and submitting it to his/her immediate supervisor. . If no grievance is filed within the- specified time, the grievance shall be considered waived.

Within five (5) days of the filing of the grievance, a hearing shall be arranged between the grievant, the immediate supervisor, and Association representative, and other parties who may be needed to give information relative to the claim_ The written disposition shall-be given to the aggrieved and the Association within ten (10) days of the hearing.

LEVEL TWO

If the grievant is not satisfied by the disposition of the immediate supervisor, he/she maycontinuethegrievancewiththeSuperintendentorhis/herdesignated . representative within five (5) days after the disposition in Level One, by completing Step

2 of the Grievance Report Form and submitting it to the Superintendent or his/her

designee. Within the next ten (10) days a hearing shall be arranged between the grievant, the Superintendent or his/her designated representative (who must be someone other than the grievant's immediate supervisor), and a representative of the Association and other parties that be needed to give information relative to the claim. In the event a grievance involves the Superintendent or his/her designee, as being .a "party of interest" against whom action might be taken, the Level Two hearing shall be conducted by another administrator designated by the Superintendent. The written disposition shall be given to the grievant and the Association within ten (10) days of the Level two hearing.

LEVEL THREE

. If the grievant is not satisfied with the disposition on Level Two, he/she may request that the issue be presented at a mediation conference, which shall be presided over by one (1) mediator selected from a panel of mediators. Such request must be made in writing within five 5) days after the grievant receives the Level Two disposition.

The Association and the Superintendent_ shall jointly appoint a panel of five. (5) mediators prior to the beginning of each school year. Each member of the panel shall be knowledgeable of mediation dispute resolution processes and reasonably available to preside over mediation conferences as needed by the parties.If the parties are unable to agree upon a panel of five (5) mediators as contemplated herein; the Federal Mediation and Conciliation Service shall be requested to appoint one of its mediators to . conduct mediation conferences as requested by either of the parties.

During that school year, mediators on the panel will be used on a rotating basis to preside over mediation conferences, unless the. Administration and the Association agree to some other method of selecting a mediator for any particular grievance.

Mediation conferences will be scheduled at the earliest date that the mediator, the parties and their representatives are reasonably available for such purpose. Mediation conferences will be held at the Board offices or at such other suitable place. as the mediator directs.

Mediation conferences will be conducted informally. No record of the conference will be made . and everything said at the mediation conference by the parties and their representatives will be regarded as settlement discussions. The mediator shall have the authority to meet separately with any person or persons having knowledge of the grievance. The mediator will keep confidential anything stated to him in a private session, unless the person or persons involved agree otherwise.

If the parties resolve the grievance through mediation, they shall reduce the terms of their settlement agreement to writing. Unless the Administration and the Association agree otherwise, the resolution of the grievance through mediation shall be on a "no precedent" basis.

The costs of grievance mediation shall be shared equally by the Association and the

Board.

LEVEL FOUR

If the grievance is not resolved at the Level Three mediation conference, the

Association may request that the issue be submitted to arbitration. Such request must be made in writing within ten (10) days after the Level Three mediation conference is

concluded.

Upon the filing of such request with the Superintendent, the Board and the OEA Labor Relations Consultant or the Consultant's designee shall jointly request a panel of nine (9) arbitrators from the American Arbitration Association, from which names shall be alternately stricken by the parties.The last name remaining on the list shall be appointed to hear the grievance.

The costs of grievance arbitration shall be paid by the unsuccessful party (the Association or the Board) unless the grievance is sustained in part and denied in part, in which case the costs of the arbitration shall be shared equally by the Association and the Board.

The arbitrator shall have the authority to consider only a single grievance unless the parties mutually agree to submit more than one grievance involving a common question of fact. The arbitrator's decision shall be in writing and a copy sent to all parties present at the hearing. The decision of the arbitrator shall be binding on all parties.

The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Agreement, nor add to, detract from, or modify the language therein in arriving at a determination of any issue presented within the limitations expressed herein.

The arbitrator shall in no way interfere with management prerogatives involving Board's discretion, nor limit or interfere in any way with the powers, duties, and responsibilities of the Board under its policies; applicable law, and rules and regulations having the

. force and effect of law.

Any teacher involved in the arbitration will be excused with full pay for the hearing during school hours if the hearing is held at such a time. Absences of teachers to attend such hearing shall be charged against Association Leave, except for the grievant, the Association representative, and arbitrator requested witnesses, who are members of the bargaining unit.

D. Miscellaneous

1. No reprisals of any kind shall be taken by either party or by any member of the administration against any party in interest, any school representative, any member of the bargaining unit, or any other participant in the grievance procedure by reason of such participation.

2. No .teacher may be represented by any teacher organization other than the Association in a grievance initiated pursuant to this procedure.

3. No teacher shall be denied the right to legal advice and/or counsel in any of the levels listed above.

4. A grievant may appear on his/her behalf or may be represented at any and all steps of the Grievance Procedure by the Association's Labor Relations Consultant, or by Association's counsel, or by any other person of the grievant's choice except that the grievant may not be represented by an officer or employee of any teacher's organization other than the. recognized bargaining agent. A grievance may be withdrawn at any level without prejudice or record.

5. If a grievance affects a group or class of teachers, the Association may submit, within twenty (20) days after the Association actually first knows,

. or reasonably should have known, of the event or condition, such grievance in writing directly to the Superintendent's designee and the processing of such grievance shall be commenced at Level Two.

6. Decisions rendered at all levels of the grievance procedure shall be in

writing setting forth the decision and the reasons therefore and shall be

transmitted promptly to all parties of interest.

7. No records, documents, or communications concerning a grievance shall be placed in the personnel file of any of the participants in the procedures

described in this Agreement.

8.Forms for filing grievances,making reports, and othernecessary

documents shall be jointly prepared and given appropriate distribution to facilitate operation of the grievance procedure.All official Grievance Report Forms shall be made in triplicate; one (1) is for the aggrieved, one (1) for the administration, and one (1) for the Association.

9. Other than not limiting the individual rights of a teacher to discuss the grievance informally with members of the administration through normal channel of communication,the parties agree that any dispute which is or could be the subject of a grievance is to be resolved exclusively through the grievance procedure of this Agreement.

10.Building faculty representatives and other representatives of the Association shall not interrupt the educational program in processing grievances and shall report to the office of the building being visited and state the purpose of the visit immediately upon arrival.

11. The following items shall not be the basis of any grievance filed under the procedure outlined in the process:

a. Nonrenewal of any teacher's limited contract;

b. The content of any teacher appraisal.

12. Processing of grievances at Levels One and Two shall be during non-

school hours except as otherwise approved by the Board.

13.In any grievance concerning an error in the pay rate of a teacher, the twenty (20) day time limit for filing the grievance in writing at Level One shall not begin to run until the teacher has actual knowledge of the error, and the grievance may proceed only if presented in writing within twenty (20) days after the teacher has such actual knowledge.

14.In any grievance concerning the termination of a teacher's limited, continuing or supplemental contract for just cause or any other discipline resulting in loss of pay, the grievant shall have the right and option to waive Level Three - Mediation and proceed immediately from Level Two to level Four- Arbitration.

15.Notwithstanding any other provisions of this Agreement, the termination of limited and continuing teacher contracts shall be for just cause and shall be, reviewable only through this grievance procedure (and not through the procedures specified in Ohio Revised Code .. Section 3319.16 and

3319.161, which are hereby expressly superseded)

Grievance Comparison Hilliard CSD and Springfield CSD

Hilliard and Springfield have similarities and differences with their respective grievance procedures, even before you read the details. Springfield has their grievance procedures listed as the very first topic in their CBA (page 4), while Hilliard begins with association rights, school calendars, etc. before getting to the grievance procedures on page 21. In addition, Hilliard has a 5-step procedure and the CBA includes forms for each level (appendices):

APPENDIX 'I1'

HILLIARD CITY SCHOOL DISTRICT GRIEVANCE RECEIPT FORM

I acknowledge receipt of a Level One grievance from (Name of Grievant)

on . The grievance as stated by the bargaining unit member concerns: Date

Signature of Immediate Supervisor

APPENDIX 'I2'

HILLIARD CITY SCHOOL DISTRICT GRIEVANCE REPORT FORM 1, LEVEL TWO

GRIEVANCE #_ _

(Name of Grievant) (Date)

(Building) (Assignment)

A. Date Cause of Grievance Occurred:

B. 1. Statement of Grievance and provision(s) of contract allegedly violated:

B. Relief Sought:

Signature Date

Disposition of Principal/Immediate Supervisor:

Signature Date

APPENDIX 'I3'

HILLIARD CITY SCHOOL DISTRICT GRIEVANCE REPORT FORM 2, LEVEL THREE

GRIEVANCE #_

In regard to GRIEVANCE REPORT FORM I (attached):

A. Position of Grievant:

Signature Date

B. Date Received by Superintendent:

C. Disposition by Superintendent:

Signature Date

APPENDIX 'I4'

HILLIARD CITY SCHOOL DISTRICT GRIEVANCE REPORT FORM 3, LEVEL FOUR

GRIEVANCE #_

In regard to GRIEVANCE FORMS I AND II (attached):

A. Position of Grievant:

Signature Date

B. Date Received by Board:

C. Disposition by Board:

Signature Date

Appendix 'I5'

HILLIARD CITY SCHOOL DISTRICT GRIEVANCE REPORT FORM 4, LEVEL FIVE

GRIEVANCE #_ _

In regards to GRIEVANCE FORMS I, II, and III (attached):

A. Request for Arbitration

Signature of Grievant Date

Association Grievance Rep. Date

B. Date Received by Board:

Signature Date

The Springfield CBA includes 4 levels of procedures and they do not have the forms available in their CBA. The levels are very similar, but when compared, Springfield combines levels 2 and 3 of the Hilliard CBA. Level 4 of Springfield is arbitration and level 5 of Hilliard is arbitration. Overall, while similar in content, I feel the Hilliard CBA had clearer language and more detail. In addition, it was very helpful to have the official forms directly in the CBA.

Interview with Tim Dellapina regarding grievance:

Mr. Tim Dellapina is an assistant principal at Hilliard Bradley High School. He is about through his second year at Bradley HS. Before working in Hilliard, Mr. Dellapina spent 15 years in Springfield CSD as a teacher and assistant principal. My first question was about CBAs in general. First, I asked Mr. Dellapina how familiar he is with the Hilliard CBA and how familiar he was with Springfields CBA. To my surprise, Mr. Dellapina informed me that he knows some of the basics, but he does not know either CBA inside and out. He stated that there are people above him that make decisions regarding the CBA and grievances. Together, Mr. Dellapina and I looked at the grievance procedures for both CBAs and then discussed his involvement with both. It was noted that he did not deal directly with grievances in Springfield, but he did know of instances where grievances were filed. He went on to say that teachers would file grievances much more often in Springfield, as far as he knows, and that they would often use anything from typed forms to loose-leaf paper full of misspellings! Mr. Dellapina likes how the forms are part of the Hilliard CBA, which, as he put it, makes things more official. I tried to obtain a recent grievance and erase the names to include in this log, but I kept hitting dead ends.

Hilliard CSD and Springfield CSD Student Discipline Procedure Comparison:

One of the big differences between contracts is the detail of Springfields contract concerning teacher protection and student discipline and the complete lack of that section in Hilliards CBA. I am especially interested in this topic, because as a special education teacher I have had to physically restrain many students in my career. One such student had severe behaviors, but also had a brittle bone disease. At the time, I spoke with my supervisors and searched the contract, but I did not find anything about teacher protection. I spoke with Mr. Dellapina about the issue and he agreed that Hilliard should look at putting something in the next CBA. He stated that teachers often ask him about physical restraints and the protection involved and his answer is usually to use your best judgment and only use physical force when all else fails and you have gone through de-escalation proceedings. He explained it would be nice to have something in the contract that is more concrete that he can point to in order to assist teachers better. The following is from Springfield CSD contract:

U.Teacher Protection and Student Discipline. When in the judgment of a teacher, a student requires the attention of student personnel employees or other specialists, he/she will so inform the principal or his/her designee either orally or in such writing as may be required, using forms provided for referral to certain services.The principal or the designee, after consultation with the teacher, will arrange, if necessary, for a conference . among the principal, the teacher, and the service specialist to discuss the problem and to decide upon appropriate action.

A teacher may refer to the principal or the designee for appropriate action, a student who seriously interferes with the learning opportunities of oth.er students in the teacher's charge. The teacher shall communicate in

writing (or in cases of extreme emergency, in person) the nature of the problem to the principal or designee. If such communication is done in

person, .a written report must be filed with the principal or the designee as soon as possible and ordinarily no later than the close of the school day. A standard check list referral form shall be used within. each school for such referrals.

If a pupil's presence poses a continuing danger to persons or property or. an ongoing threat of disrupting the academic process taking place either . within a classroom or elsewhere on the school premises, a teacher may remove a pupil from curricular or extracurricular activities under his/her

supervision, for a . period . not to exceed twenty-four (24) hours.

Immediately upon removal the teacher shall notify the principal's/building administrator's office and shall as soon as practicable thereafter submit in writing to the principal the reasons for such removal.

The teacher recognizes that the authority to suspend rests solely with the building principal as prescribed by law.

A teacher may also, within the scope of his/her employment, use and employ such amounts of force that is reasonable and as is necessary, to quell a disturbance threatening physical injury to others, to attain possession of weapons or other dangerous objects upon the person or within the control of the student for the purpose of self-defense or for the protection of persons or property. In the event such above actions become necessary or in the case of aggravated assaults upon the

. teacher, the situation will be reported as quickly as possible to the building

principal or immediate supervisor in writing, giving in detail the instances thereof.

In the event of a school-related assault on a teacher, the Board attorney shall inform the teacher of his/her legal rights. In addition, if litigation becomes a possibility, the Board will have an official representative made available to cooperate with the teacher and the teacher's counsel toward the protection of said teachers' rights.

If criminal proceedings or litigation arise out of an incident such as described above, and if the Board determines after investigation that the teacher has acted properly and in accordance with applicable Board policies, rules, regulations, and Ohio law, the Board, through its counsel, will furnish legal advice to the teacher to the extent necessary and authorized by law.

CBA Similarities and Differences of note:

As I thoroughly looked through both contracts, I discover a few points of interest that were similar and also some points that were noticeably different in the CBAs.

Teacher load:

One thing that teachers in my building (Hilliard Bradley) discuss is that of class size and work load. As an intervention special education teacher, I have a large caseload of 19 students. Some of the freshman classrooms have 34 students and that number seems to grow with each passing day. Naturally, one of the first things I looked at with the Springfield CBA was class size. I found the following entry:

N. Class Size and Teacher Load.

1. Class size. Class size in grades K-5 shall mean the number of students in any regular academic class (activity type classes excluded).

Maximum class size (K-5), including mainstreamed students, during the

Agreement shall be as follow

K- 3 (including 3-4 splits) 25

4-5 30

If the maximum class size is exceeded, the administration shall either take corrective action to reduce the class size or to assign an aide to assist the teacher with that class within ten (1 0) workdays. The use of an aide to correct excessive class size problems will be limited to those situations where the class will. not exceed the maximum class size provided for herein by more than five (5) students unless the current physical limitations of the building in which the class is located preclude other: reasonable alternatives.

2. Teacher load. teacher load in grades 6-12 shall mean the total

number of students in all academic classes (activity type classes excluded) per day.

Maximum teacher load (6-12), including mainstreamed students, during the term of the Agreement shall be as follows:

Grade Level

6-8160

9-12 160

If at any time the daily teacher load limits are exceeded by more than five (5) students, the Administration shall take action to correct the situation within ten (10) work days if possible, given the current physical limitations of the building in which the problem exists.

3.Miscellaneous. In cases where the number of subject preparations by a secondary teacher becomes burdensome to the effectiveness of the teacher's performance, the situation may be brought to the attention of the building principal for consideration. If the concern of the teacher is not satisfied as a result of the principal's investigation and consideration, the teacher may request a joint meeting with the building principal, the education director involved, and the Director, Human Resources.

While activity type classes (now consisting of art, music and physical education) have been excluded from class size and teacher load limitations, the parties recognize that excessively large classes are not

desirable and can be a detriment to learning and teaching. Every effort will be made to maintain reasonable activity type class sizes and teacher loads consistent with available resources and programmatic needs.A plan specifying these efforts will be developed . by the end of this Agreement and reports of progress will be given by Human Resources to

Concerns regarding activity type class .size or teacher loads may be

addressed with the Director of Human Resources or the Labor

. Management Committee.

0.Teach er Aides. Paid teacher aides when supplied with monies from the general fund of the Springfield City School District, shall be provided in every building on an equitable basis and shall be responsible to the

classroom teachers under the overall responsibility of the building

. principal: Such paid teacher aides may assist teachers in such duties as study hall monitoring, lunch order collection, clerical assistance, typing, etc. It is understood that the provision for the equitable distribution of .paid

teacher aides does not apply to aides paid from monies provided by special federal or state funds, insofar as such funds must be used for certain target area schools as required by special federal and state guidelines. It is also understood that assignment of aides to assist teachers with classes which exceed applicable maximum class size shall be considered as are equitable basis for assignment.

P. Equalization of Audio-Visual Equipment. The Board and the Association agree that an adequate and easily accessible supply of audio-visual materials and equipment is helpful and may be essential to the teacher in classroom instruction. In the interest of a more effective audio-visual program the Board agrees to the following:

1.To set up a schedule of pickup and delivery of audio-visual materials at each building at least four (4) days per week.

2. To make reasonable effort toward procurement, repair, delivery, and return of films and equipment. Teachers shall be informed at least two (2) days prior to the requested delivery date, when requested AV materials will not be available for the date requested.

3.To make reasonable effort toward the equitable distribution of audio visual equipment to serve the needs of each building. {This does not apply to any equipment purchased and controlled by any

special funding guidelines.)

This is in stark contrast to Hilliards CBA information regarding class size, which is reduced to a couple of sentences:

APPENDIX 'M'

CLASS SIZE

The Board will make every effort to keep class sizes at manageable and workable levels. However, class sizes shall not be givable, arbitral, nor subject to unfair labor practice charges.

Lesson Plans:

Another difference in the CBAs is Springfields mention of lesson plans. In Hilliard, lesson plans are not required and they are not included in the CBA.

The following is included in Springfields CBA and includes a surprising typo (highlighted in yellow):

Lesson Plans.

1. By the first workday morning of each week, teachers shall have readily available in their classrooms, written overviews of instructional plans for. that week, if detailed plans are not complete for the week.. The overview. shall be consistent with the academic content standards, instructional organizers and grade level indicators that the teacher proposes to teach for that week.

2. Detailed plans shall be in writing by the start of the school day they are to be used. The detailed plans shall be readily available and include the following:

a. Daily instructional objectives consistent with instructional organizers and grade level indicators

b. Procedures and/or differentiated instructional (learning) activities c. Books and/or materials

d. Assessment tools consistent with grade level indicators

3. It is the responsibility of the teacher to provide Jesson plans for a substitute:

4. After the school year ends, Jesson plans shall be kept in the teacher's possession and readily available the next school year.

CBA Comparative Summary:

While similar in size, Hilliard and Springfield CSDs are much different demographically and they have different test scores on their report cards. The collective bargaining agreements are similar in content, but there were a few notable acceptations. The grievance procedures are similar, but that is the area of the contract that interests me the most. I was surprised to learn that Hilliard spends 5 pages of their CBA with grievance forms, while Springfield did not include a singe form. In addition, the teacher student protection and disciplinary procedures were surprising in the fact that, again, Hilliard did not have anything in their contract. After careful review and consideration, I feel both CBAs have similarities and differences, and it is hard to choose which one is better overall.

1

Hilliard City School District

5323 Cemetery Rd, Hilliard, OH 43026-1546 Franklin County

Current Superintendent: Dale A. McVey (614) 921-7000

IRN# 047019

Excellent

with

Distinction

26

103.5

Met

+

OK

= Above

87.9%

3

91.0% 79.9%

87.6%

3

91.3%

82.0%

88.2%

3

92.9%

83.8%

85.1%

3

89.6% 78.1%

82.4%

3

87.3%

74.1%

79.7%

3

82.1% 66.1%

82.7%

3

85.7%

71.1%

93.4%

3

94.1%

85.6%

90.8%

3

89.0%

77.5%

88.9%

3

89.8%

77.3%

90.4%

3

87.9%

74.8%

93.9%

3

94.0%

85.1%

88.9%

3

87.8% 74.3%

81.6%

3

83.2%

67.4%

95.7%

3

95.9%

87.2%

93.3%

3

93.9% 82.6%

94.5%

3

96.1%

89.5%

89.7%

3

89.7%

74.7%

93.3%

3

92.9%

80.1%

97.8%

3

98.0%

92.4%

97.2%

3

96.3%

89.1%

98.0%

3

98.2% 93.4%

94.7%

3

94.6%

84.2%

95.8%

3

96.2%

88.0%

96.3%

3

96.2%

94.5%

94.9%

3

96.4%

84.3%

Hilliard City School District

5323 Cemetery Rd, Hilliard, OH 43026-1546 Franklin County

Current Superintendent: Dale A. McVey (614) 921-7000

IRN# 047019

Excellent with Distinction

26

103.5

Met

+

OK

= Above

87.9%

3

91.0%

79.9%

87.6%

3

91.3%

82.0%

88.2%

3

92.9%

83.8%

85.1%

3

89.6%

78.1%

82.4%

3

87.3%

74.1%

79.7%

3

82.1%

66.1%

82.7%

3

85.7%

71.1%

93.4%

3

94.1%

85.6%

90.8%

3

89.0%

77.5%

88.9%

3

89.8%

77.3%

90.4%

3

87.9%

74.8%

93.9%

3

94.0%

85.1%

88.9%

3

87.8%

74.3%

81.6%

3

83.2%

67.4%

95.7%

3

95.9%

87.2%

93.3%

3

93.9%

82.6%

94.5%

3

96.1%

89.5%

89.7%

3

89.7%

74.7%

93.3%

3

92.9%

80.1%

97.8%

3

98.0%

92.4%

97.2%

3

96.3%

89.1%

98.0%

3

98.2%

93.4%

94.7%

3

94.6%

84.2%

95.8%

3

96.2%

88.0%

96.3%

3

96.2%

94.5%

94.9%

3

96.4%

84.3%

Springfield City School District

1500 W Jefferson St, Springfield, OH 45506-1224 Clark County

Current Superintendent: David C. Estrop (937) 505-2800

IRN# 044818

Effective

1

81.5

Not Met

+

Improvement Year 8

= Above

63.3% 68.4%

79.9%

62.8%

71.1%

82.0%

67.7%

73.2%

83.8%

57.4%

65.5%

78.1%

53.7%

58.9%

74.1%

40.1%

45.4%

66.1%

45.5%

48.8%

71.1%

68.3%

74.4%

85.6%

54.0%

61.3%

77.5%

59.9%

62.2%

77.3%

62.4%

57.9% 74.8%

68.9%

73.0%

85.1%

58.8%

56.5%

74.3%

40.7%

43.8%

67.4%

72.3%

77.5%

87.2%

65.4%

70.4%

82.6%

73.8%

82.3% 89.5%

53.9%

56.9%

74.7%

62.1%

67.4%

80.1%

82.2%

88.4%

92.4%

79.6%

83.4%

89.1%

82.7%

89.8% 93.4%

71.1%

73.7%

84.2%

75.4%

81.5%

88.0%

93.2%

3

93.8%

94.5%

75.9%

81.7%

84.3%

Springfield City School District

1500 W Jefferson St, Springfield, OH 45506-1224 Clark County

Current Superintendent: David C. Estrop (937) 505-2800

IRN# 044818

Effective

1

81.5

Not Met

+

Improvement Year 8

= Above

63.3%

68.4%

79.9%

62.8%

71.1%

82.0%

67.7%

73.2%

83.8%

57.4%

65.5%

78.1%

53.7%

58.9%

74.1%

40.1%

45.4%

66.1%

45.5%

48.8%

71.1%

68.3%

74.4%

85.6%

54.0%

61.3%

77.5%

59.9%

62.2%

77.3%

62.4%

57.9%

74.8%

68.9%

73.0%

85.1%

58.8%

56.5%

74.3%

40.7%

43.8%

67.4%

72.3%

77.5%

87.2%

65.4%

70.4%

82.6%

73.8%

82.3%

89.5%

53.9%

56.9%

74.7%

62.1%

67.4%

80.1%

82.2%

88.4%

92.4%

79.6%

83.4%

89.1%

82.7%

89.8%

93.4%

71.1%

73.7%

84.2%

75.4%

81.5%

88.0%

93.2%

3

93.8%

94.5%

75.9%

81.7%

84.3%