Fact Finding Report for
Highline School District No. 401
and
Highline Education Association
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Hearings Held: |
August 17, 1977 9:00 AM to 6:30 PM August 18, 1977 9:00 AM to 5:30 PM |
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Spokesman for District: |
Dr. Thomas
Mikel |
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Spokesman for Association: |
Mr. Sam
DeHaven |
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Fact Finder: |
Mr. R.A.
Sutermeister |
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Under Auspices of the: |
Public Employment
Relations Commission |
Introduction
The fact finder was appointed by the Public Employment Relations Commission on August 5, 1977 and is to make findings of fact and recommend terms of settlement no later than September 4, 1977. The recommendations are advisory only.
On August 10, 1977 (at least seven days before the date of the fact finding hearing, in accordance with WAC 391-30-720), each party submitted to the fact finder and to the other party a written list of the issues it intended to submit to fact finding.
On August 17 and 18 hearings open to the public were held at Tyee High School and at the Highline District Administrative Center. The issues in dispute were approximately 65 items contained in the following eleven articles in the agreement:
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Art. X |
Association Rights |
Art. XXV |
Professional Compensation and benefits |
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Art. XII |
Working Conditions |
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Art. XIV |
Just Cause |
Art. XXVI |
Dues and Representation Fee |
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Art. XVI |
Grievance |
Art. XXVIII |
Professional Growth |
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Art. XX |
Layoff and Recall |
Art. XXX |
Leaves |
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Art. XXIII |
Work Year |
Art. XXXII |
Duration |
General Considerations
The fact finder, in making recommendations, has used the following guidelines:
1. 1. The excellence of the school program and its service to the children is of first importance.
2. 2. The support of the community, directly related to the excellence of the school program, is essential.
3. 3. The School Board is legally responsible for operating the District and must balance the interests of students, teachers, other employees, and the community.
4. 4. Most recent levies in the Highline District have failed, and available funds are very limited. Questions have been raised whether the school districts may, without later penalty, exceed the increases provided by the legislature for salaries, benefits, and increments, which in the case of Highline amount to 6% of the average salary. As of today, there is no clear answer from the legislature or the Attorney General's office to these questions.
The legislature, in embarking upon a program to fund basic education, may attempt to standardize pay scales for comparable districts. Highline currently ranks in the top 25 among first class districts on the basis of starting salary, average salary, and maximum salary. Therefore, it seems to me prudent to hold the salary and increment increases for 1977-78 to the 6% provided by the state (see recommendation under Art. 25A) and apply whatever district funds are available to medical and dental benefits (see recommendation under Art. 251 & K), and to the rehiring of some teachers (see recommendation under Art. XII AA).
Recommendations
The fact finder's recommendations to the parties follow:
ARTICLE X. ASSOCIATION RIGHTS
O. The parties negotiate this paragraph on the basis of the 1976-1977 Letter of Agreement and with appropriate protection for the District.
ARTICLE XII. WORKING CONDITIONS
A. Retain current provision for 7½ hour day including a 30 minute lunch.
B. Retain the 8 hour day, plus a 60 minute lunch for staff members assigned to ERAC. Consultants, including those working in annexes, to have the same hours as other staff members in the buildings where they work.
C. Retain current provision.
D. Retain current provision, except that four preparations or more would be assigned only by mutual agreement between the staff member and the building administrator.
E. Retain current provision.
G. Revise to include an annual limit of 18 hours for "school activities, school-wide supervision and control" exclusive of staff meetings and open houses.
I. Revise so that no individual staff member is required to attend more than two staff meetings a week; and staff members will not be required to continue in attendance at staff meetings which extend more than 45 minutes beyond the staff member's work day.
J. Recess period to be 15 minutes including passing time.
N. Retain current provision.
AA. Continue provisions of the 1976-1977 Letter of Agreement, with class size as established by the Board in restoration phase 6, further reduced by rehiring 5 additional staff members.
CC. Retain current practice in student reports and conference time.
DD. Delete Association's proposal for a ratio of aides to teachers after optimum class size level has been achieved.
ARTICLE XIV. JUST CAUSE
A.B.D. Adopt language of Tentative Agreement dated August 16, 1977.
C. Revise to read "This article shall apply only to discipline from written warning up to and including suspension for regular staff members for infractions in matters not related to job proficiency or competency."
G. Delete Association's proposal.
ARTICLE XVI. GRIEVANCES
A. Retain current provision.
C. Step 3. Adopt Step 3 paragraph 1 of the Association's proposal for binding arbitration in lieu of Steps 3 and 4 in current contract. Parties to negotiate details of arbitration clause including time limits.
H. Retain current provision with addition of the Association's proposal somewhat as follows: "Any claim or grievance arising hereunder prior to the expiration date of the contract may be processed through the grievance procedure until resolution."
ARTICLE XX. LAYOFF
A 4. a Retain current provision
b Revise so that (1) secondary teachers are in one category and are considered for retention in subject matter areas or departments (District's proposal) and (2) Counselors are in a separate category.
A 5. b Retain current provision.
Retain current cutoff dates.
ARTICLE XXIII. WORK YEAR
A. Retain current work year of 185 days.
B. Retain current provision except (1) change date to January 27 for the 1977-78 school year and (2) provide that any additional days will be made up so that no more than two makeup days come out of spring vacation and any remaining days will be made up at the end of the year.
G. Revise to state that non-compensatory holidays as legally mandated for the school district will be observed.
Appendix B Provide a calendar for two years, with 185 work days in each year. The winter break in 1977-78 to be 9 days from December 22 to January 3 inclusive. The winter break for 1978-79 to be 11 days from December 18 to January 1 inclusive. In both years, spring vacation to come at the end of the third quarter.
ARTICLE XXV. PROFESSIONAL COMPENSATION AND BENEFITS
A. Retain three basic salary schedules. Increase the amounts in all schedules to reflect the 6.0% increase including increments. Parties equalize increments to eliminate inequities in current schedules.
B. Retain current contract language.
C. Retain current contract language.
F. Retain current contract language covering payroll deductions.
G. Retain current contract language providing for Board approval of insurance plans.
H. Retain current provision.
I. Revise current provision to reflect $50.00 allowance.
K. Revise current provision to reflect the new cost of $28.55 for the Family Dental Plan.
M. Implement direct deposit banking for staff members who desire it. This does not necessarily require electronic transfer of funds. It may simply mean that certain staff members authorize the district to mail their pay checks directly to the banks of their choice. No endorsement of the check is necessary, and the bank will acknowledge receipt of the deposit directly to the staff member. (This system has been used at the University of Washington for many years.)
N. Retain current provision for 14¢ per mile reimbursement for authorized travel. The official State rate is currently 13¢ but 14¢ is under consideration.
O. Retain current provision.
P. Retain current language in Article XXV L. and add a note on the "Additional Pay for Additional Time and/or Responsibilities and Extra Duty" schedule indicating that "base salary" is the staff member's base salary including Master's and Doctor's stipends to which he is entitled.
S. Retain current practice of deducting for uncompensated leaves at 1/185 of the contracted salary.
T. Delete the Association's proposal for longevity pay.
U. Retain District's schedule of stipends adopted by the Board but correct the stipend for Librarians by doubling the amount shown in District proposal dated 8/77 (Appendix D)
Appendix D. Retain the District's schedule for "Additional Pay for Additional Responsibilities," Add to this schedule under Intramural Program cheer staffs, secondary drill team, elementary school patrol advisers, and elementary school chorus.
AA. No need for contract language regarding unemployment compensation since this is legally mandated by State law.
ARTICLE XXVI. DUES AND REPRESENTATION FEES
A.B.C. Retain current provisions
ARTICLES XXVIII. STAFF PROFESSIONAL GROWTH
A. Retain current provision but change the second phrase of A2 to read "or District-approved upper division professional growth credits which directly relate to the staff member's assignment."
Add language providing that Vocational teachers may take District approved vocational non-college courses.
Add language providing that the District establish an appeal process for staff members whose requests for course approval are not granted.
C.D.E.F. Delete Association's proposals.
ARTICLE XXX. LEAVES OF ABSENCE
D. Retain current provision for 10 days of disability/emergency leave.
F. Retain current provision of 3 days for bereavement leave.
G. Retain current provision of 2 days for adoption leave.
I. Retain current provision of 1 day for paternity leave.
L. (District proposal on Leave for Emergencies) or
M. (Association proposal on Personal Leave)
Adopt District's proposal, but parties work out exclusions (for example, the parties may wish to delete paragraphs G and I and permit leaves for these purposes in this paragraph covering personal leaves for emergencies).
M. (District's proposal) Retain current provision but add language along the following lines: "In the case of personal leave for emergencies, if the reason for the leave is sensitive, the staff member may communicate orally with the immediate supervisor or with the Director of Personnel and not be required to state a reason in writing."
N. Retain current provision.
O. Delete Association's proposal for Professional Leave.
P. Provide for Leave at Discretion of Superintendent with three possibilities:
1. No loss of pay.
2. Staff member pay for substitute.
3. Day(s) of leave granted made up later.
S. (Association proposal) for Child Rearing Leave.
Change this to "General Leave" and the language from "A staff member shall be granted" to "A staff member may apply for."
ARTICLE XXXII. DURATION AND EXTENSION
A. Two-year agreement effective August 1, 1977 to June 30, 1979, with provision for re-opening on August 1, 1978 for negotiations on salaries, fringes, and any changes necessitated by new laws, court decisions, and rulings of the Public Employment Relations Commission.
B. Retain current provision for negotiations starting 90 days befor expiration of the agreement.
D. Retain no strike clause but add provision for no lock-out of staff members by the District.
August 26, 1977
[SIGNED]
R. A. Sutermeister, Fact Finder