15-B Insider -- January 2005

Cyndi Austin, Uniserv Director caustin@mea.org
Judy A. Pullen, Uniserv Field Assistant jpullen@mea.org

WHAT DOES IT ALL MEAN?

With all of the bargaining going on and the problem (real or conceived) in so many school districts of not enough money to balance their budgets, unsettled contracts are becoming more common - and local association members are becoming more involved and are asking lots of questions. This is one that has recently been asked many times.

What is mediation? Mediation is a procedure whereby parties unable to agree to a solution to a problem indicate their willingness to allow a third (neutral) party to assist them in reaching a resolution. Sixty days before your contract expires, your local Uniserv office contacts the Bureau of Employment Relations in Lansing acknowledging that you will be engaged in collective bargaining negotiations. After the Bureau of Employment Relations receives this information, they will issue a letter to both the school district and your Uniserv office with an assigned case number and the name and phone number of a mediator, should mediation become necessary. If bargaining becomes unproductive for any reason, either party can initiate mediation. When contacted, the assigned mediator will set up a date to meet with both bargaining teams and will assist the parties in arriving at a voluntary settlement of any differences which may exist between them. There is no cost for this service to either side.

What is arbitration? Arbitration is a procedure whereby parties unable to agree to a solution to a problem indicate their willingness to be bound by the decision of a third party (the "arbitrator" or "umpire"). It is a method of resolving disputes as an alternative to litigation. However, unlike mediation, the objective of arbitration is adjudication rather than compromise. It is commonly designated in collective bargaining agreements between employers and employees as the way to resolve disputes (grievances). The law does not mandate binding arbitration for the resolution of employee grievances, but it leaves it up to the bargaining parties.

BARGAINING UPDATE

Settled: Cadillac ESP, TAS of Cadillac, Evart EA, Manton ESP, Mesick ESP, and Pine River EA
Bargaining 2004-05: Cadillac EA, Evart ESP & Transportation, Forest Area EA, Manton EA,
Marion EA & ESP, Mesick EA, Pine River ESP, and Wexford ISD ESP

MARK YOUR CALENDAR

Jan 17 MEA office closed – Martin Luther King, Jr. Day

Jan 18 Transportation Workshop, 6:00 p.m. – RSVP

Jan 19 New Member Workshop, 6:00 p.m. - RSVP

Feb 2 Statewide Staff Meeting – Cyndi out of office

Feb 3-5 Bargaining/Political Action/PR Conference

Feb 7 Coordinating Council Meeting – OPIE honoree packets must be turned in!!

15-B OFFERS TWO SCHOLARSHIPS

The 15-B Coordinating Council has voted to offer two $300 scholarships this year. The two scholarships are designated as one for the child or dependent of a 15-B Educational Support Personnel (ESP) member, and one for the child or dependent of a 15-B Education Association (EA) member. The scholarship winners must be high school seniors or undergraduate students currently attending college. (TAS of Cadillac and Evart Transportation Professionals will be considered under the ESP designation.) Scholarship applications are available at your local MEA 15-B Uniserv office. The selection criteria are academic achievement; school/community service; extracurricular activities; and a hand-written personal essay. Completed applications must be dropped off at the Uniserv office or postmarked no later than March 18^th. These scholarships will be awarded at our annual OPIE banquet on April 21^st .

OPIE HAS BEGUN!

OPIE packets were distributed to each association at the Coordinating Council meeting on January 10th - and the process begins!!! You will soon be given an opportunity to nominate someone in your association who deserves special recognition for going "above and beyond" – and often without any expectation of notice or appreciation. What a privilege – both to have the opportunity to nominate someone and/or possibly be nominated yourself! We encourage each association to take part in this annual event. It is a wonderful opportunity to come together as an educational community with members, their friends and families, superintendents, school boards and administrators. Keep in mind that all nomination packets must be returned to the 15-B Uniserv office on or before the February 7^th Coordinating Council meeting!

Our banquet will be held on Thursday, April 21^st at Timber Wolf Lake on M-66 in Lake City. Those of you who attended last year know what a beautiful, rustic setting this is – and the food was delicious! Reservation forms are available through your local association or from the Uniserv office. We are continuing to hold the price at $15.00 per person on a first come-first served basis. Reservations are limited, so get yours in early!

CASH FOR KIDS UPDATE

Our Cash for Kids campaign is officially over – although you can still contribute if you wish. Congratulations to Thomas Roy of the Pine River EA and Mary Thompson of the Pine River EA as the winners of our grand prizes. Tom won the Grand Prize of a two-day getaway for four to the Great Wolf Lodge in Traverse City, and Mary won the second prize consisting of luggage filled with "goodies" worth over $100. Although our totals were down this year, we want to thank each of you who contributed – whether it was $1.00 or $100. Remember, we are a T.E.A.M – Together Everyone Achieves More!!

WHAT IS "GOOD FAITH" IN BARGAINING?

"What does the duty of "good faith" bargaining mean?" We expect Boards of Education to live up to their part of an agreement, and they, of course, expect us to live up to our part. This also could mean that each party to a contract shall not attempt to evade the spirit of a transaction or so deny the other party the expected benefit of the transaction. The U.S. Court of Appeals for the Ninth Circuit explained: This covenant of good faith and fair dealing "requires each contracting party to refrain from doing anything to injure the right of the other to receive the benefits of the agreement," but also imposes the duty to do everything that the contract presupposes that he will do to accomplish its purpose. Bad faith could include evasion of the spirit of the bargain; lack of diligence and slacking off; willful rendering of imperfect performance; abuse of a power to specify terms; and interference with or failure to cooperate in the other party’s performance. (Courtesy of past Insider).

Never discourage anyone ... who continually makes progress, no matter how slow.

Plato, Greek author & philosopher in Athens (427 BC - 347 BC)