WEA Today Featured Articles and Current Events
Below are some articles featured in our September and October WEA Today newsletters. You can always click on the "WEA Today Issue Archives" button on the left-hand menu bar of this web page and read or print full issues from your personal computer. Click on an article to jump to it:
Mediation and Arbitration: Where We Go From Here
by Elaine Lancaster, Executive Director
As most of you know, we have been negotiating with the school district since late spring. According to the ground rules that we both accepted, we needed to complete six meetings before declaring impasse. At the sixth meeting on July 12th, we declared impasse on all items not resolved, including salary. The ground rules required the parties to proceed to mediation, prior to binding arbitration. Both parties agreed to contact Barry Winograd, a well known, respected mediator. He was able to conduct mediation on August 24th here at the WEA office. After 11 hours, we had resolved all the “language” issues, but not the salary issue. The WCSD and the WEA will choose an arbitrator as soon as possible. Usually it takes several weeks to get on their calendar for the arbitration. It will probably take a day for both sides to present their cases, and then the arbitrator has 30 days to render a decision, which is final and binding. According to Nevada law, the arbitrator must consider a final package offer - in other words, he/she is not allowed to choose parts of either proposal. It therefore becomes incumbent to present only the item that is most important to your constituents. In this case, we will only be presenting salary issues. Many of the articles that we presented to the district, and ones that they presented to us, could not be resolved and will not be going to arbitration.
Articles that were resolved were a new Reduction in Force Policy which includes seniority, improved pay for certified staff serving in the military, maintaining our just cause (staff cannot be dismissed without the district showing just cause) changes to the transfer/overage process. Items that WEA presented that the district would not consider were evaluations (we have filed with the Employee Management Relations Board asking that evaluations become a mandatory subject of bargaining), allowing personal leave to be accumulated, and paying for work outside the contract hours. We brought an article concerning elementary prep time within the school day, and it is now in a memorandum of understanding that the WEA and WCSD will find a solution through the bell change committee. The district brought articles that would have eliminated one of the prep periods for department chairs, eliminated the NBPTS salary increase if not funded by the legislature, and a middle school athletic director - all of these were rejected by the WEA. The WCSD final offer on salary was a 3% cut for each of the next two years; our offer is to maintain the current salary schedule. They want a multi-year contract; we are asking for a single year contract.
We will keep you informed every step of the way through e-mails to your WEA Reps, who will pass along the information to their members.
2013-14 Balanced Calendar
by Elaine Lancaster, Executive Director
The WEA/WCSD Calendar Committee has been meeting this summer and will be presenting to the WCSD Executive Cabinet and then the trustees, our recommendation for changes to the calendar that will begin in August of 2013. Bryn Lapenta is chairing the committee. She has produced two “white papers” titled Why Move to the Balanced Calendar and How a Balanced Calendar Would Support More Time for Students. These will be presented at school sites and community focus groups through the fall and early winter. The suggested calendar will have students reporting the first Monday in August, with a one week break in October, a three week winter break (one week for intercession), and a 2 week break at the end of March/beginning of April, again one week for intercession. The school year would end around the 10th of June. All schools would be on this calendar - if there are still multi-track elementary schools in the district, a calendar is being created to accommodate their schedules. The pay issue was addressed last year, year round teachers will not lose pay, and traditional teachers will receive two pay checks in the month of August in 2013. We will keep you up to date with any changes.
Contract Corner: Evaluations and Changes
by Chuck Fletcher, UniServ Director
This is important: Evaluations for 2011-2012 will follow the same format as in past years except for the SIG/TIF schools and the schools voluntarily in the pilot. Many principals are going to emphasize the data gathered on students, but it is the observations in the classroom and the rubrics for the domains that will be the basis for your evaluation. Your evaluator is to:
- discuss your place in the “major/minor cycle” (all 4 domains over 3 years)
- identify the focus domains with your input, and
- have you do a “self-evaluation” (usually based on the rubrics for the domains of the evaluation – see below), then
- meet to discuss goal setting
The rubrics offer descriptions of each of the elements in each domain, for each “level of performance” (“unsatisfactory,” and Levels 1 through 3). WEA recommends that you familiarize yourself with these levels and reflect on their expectations. The rubrics are available at the WCSD website: under “Staff,” go to “Forms,” and then scroll down to the “Evaluations” section. All certified positions are represented.
The SIG/TIF schools and those in the pilot are to have adequate training on the revised rubrics and the cycle. If you are in one of these schools and have questions, call WEA.
Changes to Probationary and
Post-Probationary Satus
The 2011 Legislature extended the “probationary” period to three full years with no exceptions. As a “probationary” teacher is subject to nonrenewal, it is essential that if the evaluation process is going towards an unsatisfactory evaluation that WEA be contacted. (On July, 2013 the “satisfactory” will be replaced with “effective” or “highly effective.”) To obtain “post-probationary” status, an employee must receive a “satisfactory” evaluation for two consecutive school years.
The basic evaluation process for a “post-probationary” teacher will remain essentially the same – what will change is terminology and the result of an “unsatisfactory” evaluation. (After July, 2013, - “ineffective” or “minimally effective.”)
Should a post-probationary teacher receive an “unsatisfactory” evaluation, the teacher MUST be evaluated three times in the following school year. Should a post-probationary teacher receive an unsatisfactory evaluation two years in a row, the teacher “reverts” to probationary status. We are referring to this demotion as a “reversion.” Once the teacher becomes probationary there is no right to continued employment.
For the above reasons, should it seem that the evaluation procedure is moving towards an “unsatisfactory” evaluation, it is essential that the member contact WEA – the sooner the better.
It Shouldn't Happen, But it Does!
by Elaine Lancaster, Executive Director
Unfortunately, educators are sometimes accused by parents and students of doing and saying things that are not true. It is vitally important that if you find yourself in this situation, you contact one of us immediately.
Oftentimes, school police or your administrator will ask you to put your account of the accusation in writing. We urge you to contact us and let us review your statement before you give it to anyone.
If you are asked to meet with school police, you should be told you are entitled to representation: do not meet with them without one of us present!
If a parent has filled out a public complaint form against you, you are entitled to see the form. Your administrator will contact the parent and the area superintendent. The association cannot attend meetings where parents are present, but you may have a colleague attend to take notes of what was said. At the follow-up meeting, the WEA can be in attendance.
It is extremely important that these matters be taken very seriously. There have been instances when the matter has been turned over to the District Attorney’s office. We strongly encourage you to contact us at the first sign of a problem.
Legal Services Comes to the Reno Office
by Elaine Lancaster, Executive Director
As you know, WEA members are entitled to two ½ hour sessions with a lawyer to discuss non-job- related issues. The association’s law firm, Dyer, Lawrence, Penrose, Flaherty and Donaldson, will begin scheduling appointments for members in the Reno office. These will happen on the 2nd and 4th Tuesdays of the month. Just call or email Chelsea Canon at the WEA office (828-3026 or ccanon@washoeschools.net), tell her the type of issue you would like to speak with a lawyer about, and she will get you on the schedule.
