0180 - NEGOTIATIONS

Wayne Trace Local School District

Bylaws & Policies

0180 - NEGOTIATIONS

The Board of Education is governed by State law regarding collective bargaining with its certified employee bargaining unit for the purpose of entering into binding contracts. The scope of bargaining includes matters pertaining to wages, hours or terms and other conditions of employment and the continuation, modification or deletion of an existing provision of a collective bargaining agreement.

The Board will negotiate in good faith with the District's certified bargaining unit, and will endeavor to reach agreement on items properly within the scope of bargaining.

0181	School Board Negotiating Powers and Duties

	The Board of Education is recognized as the sole employer of the District and will maintain all management rights as defined by law except as specifically provided in the negotiated agreement(s). The Board will be a party to the labor contract(s) or agreement(s) entered into with the certified employee organization(s).

	The Board has a duty to choose a negotiating team to meet with the representatives of the certified employee unit(s) to fulfill its responsibilities to collectively bargain in accordance with law.

	The Board has the responsibility of reviewing any tentative agreement reached in bargaining with the employee organization and approving or disapproving such agreements.

0181.1	Board Negotiating Agents

	Prior to commencement of any negotiations, the Board of Education will decide whether to appoint a professional negotiator or to appoint representatives from within the School District to serve as the Board's negotiating team. The fee or salary for a professional negotiator will be established by the Board at the time of appointment. The Board will appoint to the bargaining team those who will best serve the District's interest and who meet the qualifications mandated by law.

	Appointment of a Professional Negotiator

	The negotiator's fees or salary will be established at the time of appointment.

	The duties of the negotiator will be as follows:

	A.	To negotiate in good faith with the recognized bargaining units to attempt to arrive at a mutually satisfactory agreement on issues which are properly within the scope of bargaining:

		1.	with the Board's bargaining team direct accumulation of necessary data and information which may be needed for negotiations

		2.	follow guidelines set forth by the Board as to acceptable agreements and will report on the progress of negotiations and

		3.	make recommendations to the Board as to acceptable agreements

	B.	The negotiator will interpret the signed negotiated contracts to Board members and administrators.

	C.	The negotiator may also be requested to plan, organize, direct, and represent the District in fact finding, arbitration, and any other hearings involving negotiated contracts or grievances.

0182	Superintendent's Role in Negotiations

	To the extent determined by the Board of Education and permissible by law, the Superintendent should be closely involved in planning, preparation, and participation in the bargaining process.

	The direct nature of involvement by the Superintendent at the bargaining table will be determined by the Board in close communication with the Superintendent.

0183	Employee Organization

	The employee organization(s) certified as the exclusive bargaining representative(s) of the employee group(s) by the State Employment Relations Board (SERB) will be in accordance with State law.

0184	Privileges of Staff Negotiating Organizations

	Except as may be expressly limited by negotiated agreement(s) the Board of Education recognizes that public employees generally have the following rights:

	A.	To form, join, assist, participate in, or refrain from forming, joining, assisting, or participating in any employee organization of their own choosing;

	B.	Representation by an employee organization;

	C.	Bargain collectively with their public employers to determine wages, hours, terms, and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement and enter into collective bargaining agreements; and

	D.	Present grievances and have them adjusted, without the intervention of the bargaining representative, as long as the bargaining representatives have the opportunity to be present at the adjustment.

0185	Payment of Negotiations Costs

	The Board of Education will appropriate funds to provide representation for the School District in the collective bargaining process. The costs of negotiations will vary depending upon the Board's use of professional negotiators and the involvement of school administrators and experienced staff.

0186	Negotiations Procedure

	The negotiations procedure may be jointly developed by the Board of Education and the certified employee organization in accordance with State law. In absence of a mutually agreed upon dispute resolution process, the negotiations procedure provided by State statute will prevail.

0186.1	Negotiation Deadlines for the Board

	The Board of Education and the certified employee organization will bargain under a mutually agreed upon negotiations procedure, which will continue in full force and effect all the terms and conditions of any existing bargaining agreement. The parties will continue to bargain in good faith and the contract will remain in full force and effect until the impasse procedure is exhausted or the contract expires, whichever is later.

	Once the tentative agreements on all collective bargaining issues between the Board and the employee organization are submitted to the Board, the Board will act on the tentative agreement as a whole, within thirty (30) calendar days.

0186.2	Release of Negotiations Information

	Negotiations between the Board of Education and an employee organization are private and should not be conducted in public session. Communication with the media and in public will be by a person or persons designated by the Board and will be carried out in accordance with other Board policy and the obligation of the Board under the collective bargaining contract.

0187	Procedures Following Ratification

	The Board of Education will make certain that the negotiated agreement is distributed to all administrative staff. In addition, the Board will provide an in-service on the meaning and obligation of the provisions included in the contract or agreement for all its administrative staff.

0188	Impasse Procedures

	The Board of Education and the certified employee organization may jointly develop and agree upon an alternative impasse procedure to those contained in the Ohio revised code. Agreement on this alternative impasse procedure should take place prior to the start of bargaining or at least forty-five (45) days prior to the expiration of the contract.

0189	Work Stoppage

	State law defines a strike to be a concerted action in failing to report to duty; willful absence from one's position; stoppage of work; slowdown, or absence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in wages, hours, terms, and other conditions of employment.

	Should a strike occur, the Board of Education will make efforts to keep the schools open and operating. Precautions will be taken for the safety and health of the working staff and students.

	The Board will direct the administration to develop a strike plan as a precautionary measure well in advance of any anticipated work stoppage.