The County Superintendent recognizes its responsibility to represent the public's interests in the collective bargaining process. In negotiating agreements on employee contracts, the County Superintendent will balance the needs of staff and the priorities of LACOE in order to provide students with a high-quality instructional program based on a sound, realistic budget.
(cf. 0200 - Goals for LACOE)
(cf. 3100 - Budget)
(cf. 4140/4240 - Bargaining Units)
(cf. 4141/4241 - Collective Bargaining Agreement)
The County Superintendent shall negotiate in good faith with exclusive employee representatives on wages, hours of employment, and other terms and conditions of employment identified in law as being within the scope of representation. (Government Code 3543.2)
The County Superintendent believes that effective negotiations require the input of all levels of the administration. The County Superintendent or designee shall establish a bargaining team to assist in analyzing contract provisions and conducting contract negotiations.
The County Superintendent or designee will provide negotiator(s) with expected outcomes and clear parameters for acceptable contract provisions which promote the realization of LACOE goals and priorities.
In consultation with the employee organization, the County Superintendent will determine the collective bargaining approach or method to be used. When the Office intends to make any change to matters within the scope of representation, it shall give reasonable written notice of its intent to the exclusive representative for the purpose of providing the exclusive representative a reasonable amount of time to negotiate with the Office regarding the proposed changes. (Government Code 3543.2)
The County Superintendent or designee with the bargaining team shall establish standards of conduct pertaining to the negotiations process and members of the bargaining team. Matters discussed in these meetings shall be kept in strict confidence.
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
(cf. 9010 - Public Statements)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
The County Superintendent and negotiator(s) shall not knowingly provide the employee organization with inaccurate information regarding the financial resources of LACOE. (Government Code 3543.5)
The County Superintendent will closely monitor the progress of negotiations and carefully consider how proposed contract provisions would affect LACOE's short- and long-term fiscal, programmatic, instructional, and personnel goals.
(cf. 3100 - Budget)
The County Superintendent will keep the public informed about the progress of negotiations and the ways in which negotiations may affect LACOE goals. A reasonable number of representatives of the employee organization shall have the right to receive reasonable periods of released time without loss of Office compensation when meeting and negotiating and/or for the processing of grievances. (Government Code 3543.1)
(cf. 4143.1/4243.1- Public Notice - Personnel Negotiations)
Whenever LACOE has a qualified or negative certification on an interim fiscal report, it shall allow the Superintendent of Public Instruction at least 10 working days to review and comment on any proposed agreement with exclusive representatives of employees. LACOE shall provide the State Superintendent with all information relevant to gain an understanding of the financial impact of any final collective bargaining agreement. (Government Code 3540.2(e))
(cf. 3460 - Financial Reports and Accountability)
Once the final terms of the agreement have been ratified by the membership of the employee organization, the contract shall be presented to the County Superintendent or designee at a public meeting for acceptance.
Any agreement adopted by the County Superintendent or designee may be for a term not to exceed three years. (Government Code 3540.1)
In the event of an impasse in negotiations, the County Superintendent or designee shall participate in good faith in state mediation and fact-finding procedures pursuant to Government Code 3548-3548.8. (Government Code 3543.5)
Following adoption of the collective bargaining agreement, any subsequent amendments shall be executed in writing by the County Superintendent or designee and the employees' exclusive representative.
(cf. 4141.6/4241.6 - Concerted Action/Work Stoppage)
Legal Reference:
GOVERNMENT CODE
3540-3549.3 Educational Employment Relations Ac
Management Resources:
CSBA PUBLICATIONS
Collective Bargaining DVD-ROM
Maximizing School Board Governance: Collective Bargaining
Before the Strike: Planning Ahead in Difficult Negotiations, 1996
WEB SITES
CSBA: http://www.csba.org
California Public Employee Relations: http://cper.berkeley.edu
Center for Collaborative Solutions: http://www.ccscenter.org
Public Employment Relations Board: http://www.perb.ca.gov
State Mediation and Conciliation Service (SMCS): http://www.dir.ca.gov/csmcs/smcs.html
Policy LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: July 1, 2015 Downey, California