American Arbitration Association Voluntary Labor-Free PDF

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and fairly represented throughout the proceedings by SCTA certified as their exclusive. bargaining representative by State of California s Public Employment Relations Board PERB. in accordance with the Educational Employment Relations Act EERA 1. II THE APPEARANCES, SCTA was represented at the hearing by Jacob F Rukeyser Staff Attorney California. Teachers Association 1705 Murchison Drive Burlingame California 94010 and SCTA Executive. Director John Borsos 5300 Elvas Street Sacramento California 95819 The appearances on. behalf of SCUSD were made by Sloan R Simmons and Erin M Hamor Lozano Smith Attorneys. at Law One Capitol Mall Suite 640 Sacramento California 95814. III THE MATTERS AT ISSUE, The issues presented for adjudication in the instant proceedings may be stated in the. following terms,1 Did SCUSD and SCTA lack mutual assent or commit. mutual error concerning the intended meaning of the. terms of a salary schedule structural adjustment SSA in. their December 4 2017 Tentative Agreement TA,approved by SCUSD s Board of Education and SCTA s. Membership respectively on December 7 and 11 2017, 2 If Issue No 1 above is answered in the negative did.
SCUSD breach the SSA terms of the TA during the July 1. 2018 June 30 2019 school year, 3 If Issue No 2 above is answered in the affirmative what. shall the appropriate remedy be,California Government Code section 3540 et seq. IV THE FINDINGS OF FACT, A Negotiations Regarding Certificated Employees Compensation. SCUSD and SCTA are parties to a long term collective bargaining relationship under. authority of the EERA On June 10 2016 SCUSD and SCTA achieved agreement to extend their. collective bargaining agreement Agreement through December 1 2016. On October 11 2016 SCUSD and SCTA commenced negotiations upon a successor. Agreement Between October 17 2016 and March 9 2017 the parties met on 16 occasions in. their futile attempt to reach a successor Agreement. Pursuant to one such negotiating session in December 2016 SCTA tendered to SCUSD a. package proposal including its proposed SSA 2 In January 2017 however SCUSD costed. out SCTA s SSA proposal concluded it exceeded a 3 5 salary schedule increase and was thus. unaffordable for SCUSD if implemented retroactively to July 1 2016 as proposed by SCTA 3. On March 13 2017 SCTA petitioned PERB seeking a declaration of impasse in. accordance with the EERA and resulting appointment of a mediator from State Mediation and. Conciliation Service SMCS SCTA s petition was unopposed PERB declared an impasse. existed and the parties thereafter met with a SMCS appointed mediator on seven occasions. commencing April 19 2017 The parties however remained unable to achieve closure on a. 2 Certificated salary schedules in California s public schools traditionally reflect increasingly higher annual salaries. based on a teacher s a number of years of teaching experience and b increased levels of higher education units. achieved Structurally on a typical certificated salary schedule s vertical axis each year of teaching experience. reflects a step in increased annual compensation received by a teacher during that applicable school year. Correspondingly on the salary schedule s horizontal access increased levels of college unit credits attained by a. teacher are represented in columns reflecting increased annual compensation during the applicable school year. SCUSD s certificated salary schedules both before and following negotiations leading to the current Agreement at. issue herein reflect the foregoing step and column salary schedule structure. 3 SCTA s SSA proposal reflected a structural change to the then existing salary schedules by compressing or. reducing both the number of steps and corresponding years of teaching experience for which certificated employees. would receive increased levels of compensation from 26 to 20 as well as amending the columns of various levels of. college unit credits earned for which increased compensation may be attained by adding a new BA 60 column and. converting respectively the old BA 90 and BA 103 columns to new BA 75 and BA 90 columns SCTA s SSA. proposal furthermore introduced uniformity between steps and columns by providing 3 5 increases for each step. and 5 increases for each column, successor Agreement and on May 18 2017 SMCS certified the matter for factfinding. proceedings in accordance with the EERA s dispute resolution procedures. Pending commencement of factfinding proceedings however in September 2017 SCTA. tendered a second package proposal to SCUSD which in relevant part proposed two. consecutive 3 5 across the board salary schedule increases effective July 1 2017 and July 1. 2018 and a 4 0 SSA retroactive to July 1 2016 SCUSD however declined to accept SCTA s. second package proposal and the matter proceeded to factfinding. On October 2 2017 a three member factfinding panel Panel chaired by Arbitrator. Andrea L Dooley Chair Dooley in PERB Case No SA IM 3415 E was convened During the. course of the proceedings SCUSD and SCTA presented voluminous statistical economic and. comparative data to the Panel Following conclusion of the factfinding proceedings the parties. resumed mediation efforts with Chair Dooley s assistance The parties however were once. again unable to reach closure on a successor Agreement and Chair Dooley accordingly issued her. advisory Report and Recommendation of the Fact Finding Panel After Hearing Factfinding. Report to the parties dated November 1 2017, On the issue of certificated salary compensation under a three year successor Agreement.
effective July 1 2016 through June 30 2019 Chair Dooley recommended an increase in. certificated salaries totaling 9 0 on an ongoing basis According to Chair Dooley s. recommendations a 3 5 certificated salary increase would become retroactive to July 1 2017. an additional 3 0 certificated salary increase would become effective July 1 2018 and a 2 5. salary schedule increase for purposes of SSA would become effective in 2018 19 Chair Dooley. also recommended the parties endeavor to make a second 2 0 SSA in 2019 2020 Chair. Dooley s recommendation thus totaled an 11 0 overall certificated salary increase during the. 2019 20 school year 4 5 of which would be utilized for SSA purposes although the precise. implementation dates and terms of the latter remained unspecified in her Factfinding Report. In October 2017 and before issuance of the Factfinding Report SCTA s membership. voted to authorize a strike in support of their collective bargaining demands following. exhaustion of mandatory impasse procedures under the EERA should the parties continue to be. unable to reach closure on a successor Agreement Following issuance of the Factfinding. Report on November 2 2017 SCTA publicly announced its membership s vote to commence a. strike on Wednesday November 8 2017 absent agreement on several key issues including. increased certificated compensation under Article 12 of a successor Agreement. B The Negotiations of November 4 and 5 2017, With a teacher strike looming and following an acrimonious and unfruitful negotiation. session between the parties earlier in the morning of Saturday November 4 2017 City of. Sacramento s The Honorable Mayor Darrell Steinberg Mayor Steinberg offered to facilitate a. meeting between SCUSD and SCTA s leadership at his Greenhaven home that afternoon in an. effort to avert a strike scheduled to begin the following Wednesday March 8 2017. Superintendent Jorge Aguilar Superintendent Aguilar attended the meeting alone on behalf. of SCUSD SCTA s President David Fisher President Fisher Vice President Nikki Milevsky. Vice President Milevsky and Executive Director John Borsos Executive Director Borsos. attended and participated on behalf of SCTA Superintendent Aguilar who had only recently. commenced services as SCUSD s new Superintendent on July 1 2017 and had never before. participated in the parties negotiations suddenly stepped into the fray given their contentious. history and high stakes with the goal of amicably resolving the dispute and averting a strike by. SCUSD s teachers, Prior to the weekend of November 4 5 2017 Superintendent Aguilar had read the just. issued November 1 2017 Factfinding Report and was aware of Chair Dooley s recommended. salary schedule increases totaling 11 0 following full implementation effective July 1 2019. SCTA s leadership was likewise aware of the before mentioned 11 0 salary schedule. recommendation contained in Chair Dooley s Factfinding Report. Compensation for certificated employees was one of several issues discussed by the. parties with Mayor Steinberg s assistance on the afternoon of November 4 2017 On November. 4 2017 the parties initially engaged in a broad discussion about issues including certificated. salary During those discussions Mayor Steinberg raised Chair Dooley s salary. recommendations specifically across the board increases of 3 5 and 3 0 effective. respectively July 1 2017 and July 1 2018 coupled with a 2 5 increase for SSA in 2018 2019. and an additional 2 0 salary increase for further SSA effective in 2019 2020 for a total 11 0. salary schedule increase following full implementation. On November 4 2017 the parties also discussed how they might work within the. parameters of Chair Dooley s recommended 11 0 salary schedule increase as a means of. achieving a successor Agreement and averting a strike The parties agreed to resume their. discussions with Mayor Steinberg s assistance the following afternoon of November 5 2017. Negotiations resumed at Mayor Steinberg s home on the afternoon of November 5 2017. with the parties same representatives The parties caucused several times and when meeting. together discussed eight or nine issues seven of which ultimately were incorporated into a. handwritten understanding, Among the topics discussed on Sunday afternoon was certificated employee. compensation which had been reserved until the end of the parties discussions On this. subject Mayor Steinberg again broached the subject of Chair Dooley s recommendations and. inquired whether both parties could work within her 11 0 salary schedule increase. recommendation Both Superintendent Aguilar on behalf of SCUSD and SCTA s leadership. responded affirmatively Chair Dooley s Factfinding Report recommendation of a 11 0 salary. schedule increase thus became foundational to the parties negotiations that afternoon. After conceptually agreeing to work within Chair Dooley s 11 0 recommendation on. Sunday November 5 2017 the parties ultimately agreed to the following terms a a 2 5. across the board increase to the then existing certificated salary schedule retroactive to July 1. 2016 b a 2 5 across the board increase to the certificated salary schedule retroactive to July. 1 2017 and finally c a 2 5 across the board increase to the certificated salary schedule. effective July 1 2018 The foregoing three successive across the board salary schedule increases. thus totaled 7 5 and represented an ongoing salary cost to SCUSD once fully implemented. effective July 1 2018, Separate and apart from the foregoing across the board salary schedule increases. however the parties furthermore discussed SCTA s SSA proposal in order to primarily benefit. mid career teachers whose salaries fell within columns B and C of the existing salary. schedule in order for SCUSD s salary schedule to become more competitive with those of. neighboring school districts to which some of SCUSD s more experienced teachers were. migrating for higher pay To accomplish the foregoing goal SCTA repeated its SSA proposal s. compression concept which it had initially proposed to SCUSD in December 2016 and. repeated thereafter without modification throughout negotiations Following conceptual. agreement on both salary improvements in the form of three 2 5 across the board increases. effective July 1 2016 July 1 2017 and July 1 2018 as well as adoption of Union s proposed. structure and a 3 5 maximum District expenditure in the presence of Superintendent. Aguilar and SCTA s leadership Mayor Steinberg prepared a handwritten seven page document. entitled Framework Agreement Sac City Unified School District Sacramento City Teachers Assn. 11 5 17 3 25 p m Framework Agreement Superintendent Aguilar on behalf of SCUSD. and SCTA s leadership on behalf of SCTA thereafter signed the Framework Agreement. Later that afternoon by teleconference Superintendent Aguilar and Mayor Steinberg. briefed SCUSD s Board of Education President Jessie Ryan President Ryan and others. concerning the agreed upon elements of the parties Framework Agreement including its terms. of salary schedule increases Superintendent Aguilar thus informed SCUSD s leadership the. parties had achieved agreement on certificated salaries through the 2018 19 school year a. component of which included a maximum SCUSD expenditure of 3 5 to address SSA and. rectify the existing salary schedule s least competitive columns The strike scheduled to. commence three days later had thus narrowly been averted. C The Parties Subsequent Communications Concerning the Framework. Agreement 4, In the intervening month between signing the Framework Agreement on November 5.
2017 and ratification of a subsequently prepared TA approved by SCUSD s Board of Education. and SCTA s membership respectively on December 4 and 11 2017 the parties engaged in a. series of communications in person and by email regarding the Framework Agreement and its. american arbitration association voluntary labor arbitration tribunal before impartial arbitrator kenneth a perea in the matter of arbitration between sacramento city impartial arbitrator s unified school district findings and and

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