May 7, 2012

Special Meeting

LEGISLATIVE IMPASSE HEARING

May 7, 2012

The School Board of Brevard County, Florida met for a Legislative Impasse Hearing on Monday, May 7, 2012 at 9:00 a.m., at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. The purpose of the hearing is to resolve the disputed collective bargaining impasse between the School Board of Brevard County, and the Brevard Federation of Teachers.

OPENING EXERCISES

Chairman Dr. Barbara Murray called the meeting to order at 9:03 p.m.

Board Members Present: Dr. Michael Krupp, Dr. Barbara Murray, Amy Kneessy, Karen Henderson, Andy Ziegler

Chairman Dr. Barbara Murray led the Pledge of Allegiance.

Chairman Dr. Barbara Murray turned the meeting over to School Board Attorney Harold Bistline who explained the process of the Impasse Hearing. Mr. Bistline explained that this is a Legislative Hearing under Section 447.403 Florida Statutes and the purpose of the hearing is to resolve all disputed impasse issues between administration and the employees’ unions (BFT- Local 2098). The unions declared impasse on negotiations regarding Article XVII-Salary; Article VI- General Conditional of Employment, Section C 10, School Day; and Article XVII – Salary Schedule, Section E 2011-2012 Instructional Salary Schedule. Attorney Bistline stated that there were four issues but BFT has advised administration that they are accepting Article VI – General Conditions of Employment, Section C11 – School Day. He stated that this has been agreed to by both parties. Mr. Bistline stated that there are three issues that will be resolved at this meeting.

Mr. Bistline stated the impasse issues were referred to a Special Masters, Mr. Richard P. Dean, who was selected by the parties. A hearing was held on February 27, 2012 and issued his reports and recommendations on April 7, 2012. A copy of the Special Masters’ report and recommendation is available is upon request from Labor Relations. The Special Masters recommended that the School Board adopt the positions advanced by the Superintendent on all three issues that are before you today. The Superintendent informed PERC and the School Board that he accepted the Special Masters’ recommendations on all items. The Union (BFT) notified PERC that they rejected the Special Masters’ recommendation on all three issues that are before you today.

Attorney Bistline stated that due to this dispute, the School Board is sitting before you today as a Legislative body to resolve the three impasse issues. He stated that following the action of the Board, the parties shall reduce the language to writing and the union shall submit the language to ratification to their membership. If the language is ratified, then the language will become part of the contract. If the language is not ratified, the language becomes status quo ante until changed by subsequent negotiations or modifications of the contract.

Mr. Bistline suggested that Administration explain their position first, followed by BFT, after which will close the presentation portion of the hearing; the matter will then come back to the Board. The Board will be free to ask questions of any of the parties following by a motion, second and carried resolving all disputed impasse issues.

Mr. Bistline stated that the Board waived their rights to opening comment and preferred the parties begin their presentation. He turned the meeting over to Dr. Brian T. Binggeli, Superintendent.

Issue Number 1: Article XVII - Salary

Dr. Binggeli gave a presentation on the Administration’s position related to Article XVII - Salary. The following topics were covered in the presentation: A copy of Dr. Binggeli’s presentation is available in the School Board Office.

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Chairman Dr. Barbara Murray called for a break at 10:22 a.m.

Dr. Murray directed the Board Members not to discuss these issues in any way, shape or form during the break.

The meeting reconvened at 10:34 am.

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Chairman Dr. Barbara Murray turned the Impasse Hearing over to Dan Bennett, Vice President of BFT, who gave a PowerPoint presentation to support the position of BFT, and Local 2098. A copy of BFTs presentation is available in the School Board Office upon request.

Attorney Bistline suggested that the Board break for lunch and the questions from the Board can be answered after the lunch break.

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Chairman Dr. Barbara Murray called for a lunch break at 11:55 p.m.

The meeting reconvened at 1:03 p.m.

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Chairman Dr. Murray stated that the Board will ask questions of the presenters as it relates to Issue Number 1: Article XVII-Salary. She also reminded the Board that we follow Robert’s Rule and to hold from comment until she gives them the floor.

Board Members questioned Dr. Binggeli and Mr. Bennett on the following areas to get clarification:

·  Salary schedule and how is was calculated

·  FEMA dollars

·  Terminal pay

·  District Plan vs. BFT plan

·  Teacher Eligible to Retire

Issue Number 2: Article VI – General Conditions of Employment, Section C10, School Day

Dr. Binggeli gave a presentation on the Administration’s position related to Issue Number 2: Article VI – General Conditions of Employment, Section C10, School Day. This is a change in the contract language that teachers are not entitled to recoup off-campus planning/preparation time or personal leave used by them while engaging in planning /preparation off campus. Dr. Binggeli asked that the Board agree with the judgment of the special magistrate.

Mr. Bennett gave a presentation on their argument on Issue Number 2: Article VI – General Conditions of Employment, Section C10, School Day.

Mr. Ziegler questioned the district on whether the contract language is the same as it was brought forth in 2011. The district administration responded in the affirmative.

Issue Number 4: Article X VII – Salary Schedule, Section E 2011-2012 Instructional Salary Schedule

Dr. Binggeli gave a presentation on the Administration’s position related to Issue Number 4: Article X VII – Salary Schedule, Section E 2011-2012 Instructional Salary Schedule.

Mr. Bennett gave the Legislative Board a presentation which describes BFTs argument on Issue Number 4.

Mr. Ziegler questioned Mr. Bennett on the years of experience.

Ms. Henderson requested that Dr. Binggeli clarify what is being proposed.

Dr. Murray requested that Dr. Binggeli explain the Comparison of Final Salary Schedules.

Mr. Bistline read portions of the relevant statutes as it relates to the issues at hand. He referred back to Statute 447.403 Resolution of impasses and explained what the Special Master is charged to do. He read subsection three which states: The special magistrate shall hold hearing in order to define the area of area of dispute, to determine the facts relating to the dispute, and to render a decision on any and all unresolved contract issues. Attorney Bistline noted that this has been done by that Special Magistrate.

Attorney Bistline read subsection three and five of Statute 447.405 Factors to be considered by the special magistrate. He stated that the special magistrate has to consider by law, the interest and welfare of the public (3) and the availability of funds (5) when referring to funds.

VOTING

Issue Number 1: Article XVII - Salary

Magistrate’s Recommendation: For the reasons stated above, I hereby recommend that the salary issue and schedule remain as proposed by the District. It provides a full step increase for any teacher who has been employed by the Board since the 2007-2008. The only change in this step increase is that eligible teachers who are currently on Step AA be increased to Step CC. I recommend the $700.00 non-recurring salary enhancement for those teachers who are currently on the top step of the current schedule and a $350.00 non-recurring salary enhancement for those teachers fired since 2007-2008.

Dr. Binggeli’s Recommendation: Accept the magistrate’s recommendation as written.

Mr. Ziegler made a motion to accept the magistrate’s recommendation. Ms. Henderson seconded the motion.

Voting aye: Dr. Krupp, Dr. Murray, Ms. Kneessy, Ms. Henderson, Mr. Ziegler

Voting nay: --

Motion carried five to zero.

Issue Number 2: Article VI – General Conditions of Employment, Section C10, School Day

Magistrate’s Recommendation: For the reasons stated above, I hereby recommend this language once again proposed by the District under Article 6. General Conditions of Employment, Section C- School, shall be included in the 2011-2012 collective bargaining agreement.

Dr. Binggeli’s Recommendation: Accept the magistrate’s recommendation as written.

Ms. Henderson made a motion to accept the magistrate’s recommendation. Dr. Krupp seconded the motion.

Ms. Kneessy questioned what it means for the teacher’s planning time if the special magistrate’s decision is passed.

Attorney Bistline stated that arbitrator’s ruling was accepted and the special magistrate’s wording will become part of the contract for the 2011-2012 fiscal year. He reiterated for the Board the arbitrator’s ruling which lead to the special magistrate ruling.

Mr. Ziegler stated that he takes issue with agreeing to something and then going back on it. He stated that the laws are there for when we all don’t get along. He gave an example of an error in the contract back in 2006 as it relates to the Board’s contribution to the insurance trust fund on behalf of every employee every month. Mr. Ziegler stated that certain parties are using laws to manipulate a situation.

Chairman Dr. Murray mentioned that we are meeting on this item due to a clerical error and the Board is perplexed by this fact. That clerical error has created a tone of perceived mistrust which has done no service whatsoever in any way shape or form. She gave assurance from where the Board sits that they will do everything that they can from their part so this will not happen again.

Voting aye: Dr. Krupp, Dr. Murray, Ms. Kneessy, Ms. Henderson, Mr. Ziegler

Voting nay: --

Motion carried five to zero.

Issue Number 4: Article XVII – Salary Schedule, Section E 2011-2012 Instructional Salary Schedule

Magistrate’s Recommendation: For the reasons stated above, I hereby recommend that the District’s proposal of the same salary schedule with the new Section E be included in the 2011-2012 school year collective bargaining agreement.

Dr. Binggeli’s Recommendation: Accept the magistrate’s recommendation as written.

Dr. Krupp made a motion to accept the magistrate’s recommendation. Mr. Ziegler seconded the motion.

Mr. Ziegler stated that he agreed with both sides as it relates to the confusion being generated by years of service. He stated that he was concerned with misalignment to the letter steps that the district is proposing. Mr. Ziegler stated that it would be very confusing to have both charts in the contract. He asked Dr. Binggeli to clarify.

Dr. Binggeli stated that only one chart would be in the proposal.

Chairman Dr. Barbara Murray stated that it would be more appropriate to call upon the Board Attorney to respond then the parties that are arguing for the contract. She asked Mr. Bistline to address the concerns for the Board.

Mr. Bistline stated that this is an item that has significant dollars attached to it and we do not want to be up here writing language. He read the special magistrates order as it relates to Article XVII- Salary Schedule. Mr. Bistline agreed that both parties should take a look at this going forward to make it clearer or more concise. Mr. Bistline urged the Board to accept the magistrate’s recommendation in this regard.

Mr. Ziegler asked for clarification on whether the new language with commensurate in it was in existence before or after the magistrates recommendation. Dr. Binggeli stated that was a result of after when the magistrate instructed us to get together and agree to some of the issues. He stated that the language changed when Ms. Salamon and Mr. Bennett agreed to some of the issues and they felt that the “commensurate” word was better and the critical part to the change. It was moved to under the schedule rather than two pages later in the contract.

Dr. Krupp withdrew the original motion.

Mr. Ziegler moved to amend the magistrate’s recommendation to include the new verbiage that is being recommended.

·  New Section E 11.1.11

New teachers hired after the effective date of this contract will be placed on the salary schedule as if they had been Brevard Public School teachers since 2007-2008 school year when the salary schedule was mutually agreed to be frozen. Renumber remaining sections in Article XVII-Salary

Dr. Krupp seconded the motion. He mentioned that after hearing the discussion, he feels as though we have been victimized of legislative action. We had to pay for new hires coming in through no fault of ours, and it has created animosity with veteran teachers to the extent that many of them have left this district for that very reason.

Dr. Binggeli stated that the district and BFT came together and did what the special magistrate directed us to do, and his recommendation did include the new Section E to be included in the 2011-2012 school year collective bargaining agreement.

Chairman Dr. Murray allowed Mr. Bennett to have the floor since Dr. Binggeli was allowed a response.

Mr. Bennett stated that the special magistrate showed confusion on this issue because he suggested that we not add the years of experience column which we already have in the contract. He went on to mention that taking it out of the salary schedule was never proposed in bargaining or in front of the special magistrate. Ms. Bennett fears the confusion and the distrust that it will create.