Please click the link, 2021 Summer School Programs, to view the 2021 Summer School Letter of Agreement with the Detroit Public Schools Community District.
To view the legal filings made in Connecticut Superior Court regarding telework, click on the link below:
SEBAC Injunctive Relief Legal Documents
As everyone is fully aware, the State decided to ignore the Transitional Telework Agreement that they had signed with the Unions just a few weeks earlier. We are clearly angry with the Governor's Office for their deception on the issue. The Governor's office has disrespected the labor-management process, and the negotations surrounding it. We also take note of the ease with which the Governor's Office willingly and deliberatley misled his Commissioners about the intent of the agreement The administration’s approach to Telework is not only laughable in its blatant disregard for our ability to work outside of the office, but it is also ignorant to the economic value, infrastructure improvements, health benefits, and quality of life enhancements that Telework provides. We understand that Telework has been a tremendous success and A&R will continue to advocate for employee safety as well as maximizing employee free choice.
So while human resource officers and management across the state scrambled to undo the mess created by OLR's intentional misapplication of the Transitional Telework Agreement, A&R, along with the other SEBAC unions, have taken this issue to Superior Court for injunctive relief and demanding that the agreement be enforced as written (and intended). We have also filed a prohibited practice charge at the State Board of Labor Relations (SBLR - a separate and distinct entity from OLR). The Transitional Telework Agreement was reflective of the fact that telework works. The Office of Labor Relations (OLR) and SEBAC entered into that agreement in good faith. Why OLR decided to dishonor the agreement in such a blatant fashion is perhaps known only in the Governor's Office. It was a disrespectful act and it was bad faith bargaining by our employer. Faithless bargaining will not be tolerated.
We still make the following recommendations to A&R employees:
posted 7/7
Now that the FLDOE is beginning to issue guidance regarding the $1000 relief payments from the state for classroom teachers and principals, we need to make sure that none of our instructional colleagues are left out! Our non-classroom instructional staff were vital to the safe and successful return to learning for students in Hernando Schools. The failure of state-level leaders to recognize that is discouraging, but it doesn't have to be divisive!
A&R has entered into a contract extension agreement with the State, ensuring the contract remains valid beyond the expiration date (which is today). Click here to view the Contract Extension. The extension runs through July 1, 2022, or until a successor contract is approved by the Legislature. In essence, all aspects of the contract remain in force, the notable exceptions being the prohibition against contracting out (which should not be viewed as unusual), MOU VIII (snowday procedures), and member access to professional development and tuition reimbursement funds. Please continue to submit tuition/prof development reimbursement requests realizing that we need to negotiate for retroactive funding. Top step payments are part of the salary and therefore we expect that they will be paid in January as normal. Future increments will need to be negotiated and therefore will not occur under this contract extension and A&R will pursue retroactivity as appropriate.
It is too early to tell if we will have a settled contract to bring for a membership vote, or if we will need to seek an arbitration award that is binding on both parties. Both parties have presented their suggested changes to the contract language and we have held 9 bargaining sessions with the State with no major areas of dispute to report, the possible exception being telecommuting language. The number of meetings has risen above the threshold needed to declare impasse, but we continue to discuss the proposals as the discussions have been fruitful and honest. Initial financial proposal packages have been exchanged. The initial proposals are starting points for further discussions. However, as of today (July 1, 2021) substantive discussions regarding wages have not yet taken place. So we have four meetings scheduled for July and we will continue to discuss language changes in areas such as service ratings, the reclass process, and Temporary Service in a Higher Class, along with the various other proposals, with both parties preparing to discuss potential financial packages.
7/1/21
View the Transitional Telework Agreement
The Office of Policy and Management issued a Clarification of the Transitional Telework Agreement, dated June 28, 2021. A&R leadership takes issue with several aspects of the so called clarification. Most notably, the clarification does not accurately reflect the language of the Agreement, nor does it reflect the intent of the parties when the Agreement was entered into. The discrepancies between what was negotiated, the terms of the Agreement, and the subsequent Clarification memo are so egregious that we consider the Clarification memo to be perpetuating what we are referring to as The Big Lie.
THE BIG LIE: “The agreement allows for the granting of telework greater than 50% and was intended to address such unique circumstances at the discretion of the agency head that require a higher level of teleworking including but not limited to inadequate social distancing space for agency’s that have temporarily increased staffing for pandemic programmatic responses (i.e. Department of Housing and Department of Labor).”
The above language is quoted directly from the Clarification memo. However, the above statement in no way is reflective of the explicitly stated intent of the parties when we entered into the Agreement. The language of the Agreement is quite clear: “employees can apply for more than 50% when consistent with job duties and operational needs, but typically not to exceed 80%.” Nowhere in the Agreement are references to “unique circumstances” made. Nor should there be – for at no time did the parties discuss establishing “unique circumstances” as the threshold needed to warrant telecommuting above 50%. Job duties, along with agency operating needs are the controlling factors to be considered when reviewing a request for more than 50% telework. That is not just our opinion – it is the language of the Agreement, and worth repeating: “employees can apply for more than 50% when consistent with job duties and operational needs, but typically not to exceed 80%”.
A&R leadership is committed to firmly establishing telecommuting, and will insist on strict adherence to the Agreement. The unions of SEBAC will be filing an unfair labor practice charge and pursuing injunctive relief from the bad faith bargaining.
OUR RECOMMENDATIONS TO A&R EMPLOYEES:
Keep in mind that, pending a determination on your "new" request, you will continue using your "current" telework arrangement..."current" means your schedule prior to May 13th. While the appeal process is on-going, your schedule will be whatever you and your supervisor can find agreeable (with a minimum of 50%).
BELOW ARE SOME OF THE MAJOR ISSUES WITH THE Q&A
While we can pick out many other issues within the Q&A, we have focused in on a few of the larger, more egregious misstatements below. These are not minor discrepancies, these are statements which are inconsistent with the signed agreement.
3. Q: What employees are covered by the TTA?
A: The Transition Agreement applies to those employees who have successfully teleworked during that past 14 months. This includes employees who consistently and steadily participated in some level of telework prior to May 13, 2021 in response to the COVID 19 pandemic. It does not apply to those who were given alternate assignments to get through the pandemic. It does not apply to those who have had a steady in-office presence prior to the Governor’s May 13 announcement, including those in front-facing customer service operations. It does not apply to those in hazardous duty covered positions. Agencies are not obligated under the TTA to afford telework to new employees hired after June 17, 2021; that said, an agency is not precluded from granting telework schedules to new employees for the period specifically covered by the TTA.
The above “Answer” is misleading, anyone can be granted telework beyond July 1, 2021, except Hazardous Duty employees.
4. Q: The TTA provides that based upon operational need employees can automatically be granted a 50% telework schedule. What if this does not meet operational need?
A: Then the schedule should be adjusted consistent with the Agency’s operational need. The operational need cannot simply be based upon a distrust about whether employees are really working. That is a performance issue and it should be addressed as such.
The above is misleading, for those seeking to continue teleworking, upon request, 50% is mandatory
5. Q: Can employees request to telework more than 50% of the biweekly payperiod?
A: Agency heads may authorize telework for more than 50% of the biweekly pay period, but typically, the maximum allowable telework time under the TTA is 80% of the biweekly schedule when it is consistent with operational need and due to social distancing requirements that cannot be accommodated in existing work space.
This is false. The “up to 80%” threshold is not at all related to social distancing. It is simply just acceptable and should be granted when consistent with job duties and operationally feasible. Any request above 50% which is denied is eligible for an appeal to a facilitator.
6. Q: If employees’ productivity has improved while teleworking, and we want to keep that momentum going, can we allow employees to telework 100% of the time?
A: That option is not sanctioned by the TTA, but such things as available space may require other measures. Employees can be granted telework for greater than 50% of the biweekly pay period, under specific personal circumstances. For example, the employee may need to provide support to an ill or infirm family member, and the Agency may need that employee to continue to work through the ongoing pandemic period. Granting an employee’s request to continue teleworking at greater than 50%, in such situations, may be in the interests of the employer and the employee rather than mandating the employee use sick leave and not work. Such a temporary arrangement would be within the discretion of the Agency Head and must be consistent with job duties, productivity and operational need.
This is the most false statement in this document, >50% is NOT limited to “specific personal circumstances”. We have no idea, where anyone got this idea by reading the signed agreement, it couldn’t be more inaccurate than it is. No exceptional circumstances are required to be granted more than 50% Telework. The accurate standard is that up to 80% should be approved when consistent with job duties and operationally feasible. Even 80%-100% may be approved but will be atypical.
As you know, the state budget that was recently passed includes an allocation of around $215 million, to provide full-time classroom teachers and principals with a $1,000 bonus, using funds from the American Relief Plan.
In April and May, Governor DeSantis highlighted this bonus quite a bit, but his sense of urgency seems to have faded, and many are left wondering when they can expect to receive a bonus. Almost a month after signing the budget into law, the details of when and how bonuses are to be paid to educators remain unclear.
For too many of our colleagues, a ‘thanks for a job well-done’ bonus after the stress and uncertainty of working through the pandemic may not materialize at all. As was true with Best and Brightest bonuses, the non-classroom teachers (school counselors, psychologists, media specialists, etc.) will not qualify for these bonuses from the state.
HCTA brought a proposal for bonuses to the bargaining table in early June hoping to secure acommit ment from the District to provide matching bonuses for instructional staff left out of the state plan. We know that every educator working in Hernando schools through the past year helped to ensure our students were safe and that learning continued. It is our position that as federal COVID relief funds make their way into the District, nonrecurring dollars will be available to cover the cost of one-time bonuses. We await a response from the District.
Beyond knowing who will be receiving bonuses and when, we know that you have questions about these bonuses. It remains unclear whether bonuses will be paid to individuals who retired or separated from employment during or after the 2020-21 school year. It is also not yet known whether bonus checks will be issued directly from the state, or if the District will be tasked with distribution of funds. What we know is true of bonuses (generally speaking):
We encourage you to follow the progress of negotiations online and look for additional updates from HCTA in the weeks ahead. Be sure to reach out to our friends on the school board to ask if ALL instructional staff will see bonuses this year.
RESOURCES:
FEA has added a list of FAQs on their website. The page will be updated as more information is made available.
As you know, the state budget that was recently passed includes an allocation of around $215 million, to provide full-time classroom teachers and principals with a $1,000 bonus, using funds from the American Relief Plan.
More recently, as details regarding the distribution of bonuses began to emerge, larger questions loom regarding whether the bonuses - now identified as 'relief payments' - will be paid.
For too many of our colleagues, a ‘thanks for a job well-done’ bonus after the stress and uncertainty of working through the pandemic may not materialize at all. As was true with Best and Brightest bonuses, the non-classroom teachers (school counselors, psychologists, media specialists, etc.) and our essential support staff will not qualify for these bonuses from the state.
CCEA brought the topic of bonuses to the bargaining table in April hoping to secure an early commitment from the District to provide matching bonuses for instructional and support personnel left out of the state bonus. We know that every employee working in Citrus schools through the past year helped to ensure our students were safe and that learning continued. It is our position that as federal COVID relief funds make their way into the District, nonrecurring dollars will be available to cover the cost of one-time bonuses. We await a response from the District.
Beyond knowing who will be receiving bonuses and when, we know that you have questions about these bonuses. It remains unclear whether bonuses will be paid to individuals who retired or separated from employment during or after the 2020-21 school year. It is also not yet known whether bonus checks will be issued directly from the state, or if the District will be tasked with distribution of funds. What we know is true of bonuses (generally speaking):
We encourage you to follow the progress of negotiations online and look for additional updates from CCEA in the weeks ahead.
RESOURCES:
CCEA and District bargaining sessions are livestreamed through the Citrus Schools’ YouTube channel and recordings of all prior sessions are accessible for review.
FEA has added a list of FAQs on their website. The page will be updated as more information is made available.
This announcement was sent via email to all MCEA members on June 21, 2021.
