Del Norte Unified School District
"Equipping Students for Success"
- Del Norte Unified School District
- Fact Finding
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Click here to view the fact-finder's final report
Click here to see the recommendations calculated into teacher wages
PERB Releases Unanimous Fact-Finding Report
The fact-finding took place on December 5, 2019. Representing the Del Norte Teachers Association on the fact-finding panel was Daryl Hemenway, with the California Teachers Association. Matt Phillips, with School Services of California, represented the Del Norte County Unified Board of Trustees, and Renée Mayne, arbitrator and mediator, was assigned by the Public Employees Relations Board to serve as the neutral Chair of the panel.
Today, the fact-finding report was issued to the Del Norte County Unified School District and Del Norte Teachers Association. California Government Code requires that the District “make such findings and recommendations public within 10 days after their receipt.” To that end, the District has included the report, in its entirety, on the District webpage, along with a set of FAQs.
The following are the recommendations from the Public Employees Relations Board fact-finding Chair. The Chair recommended two options:
Option 1.
- A 2% increase in teacher salaries ongoing on the salary schedule effective July 1, 2019
- A 2% increase to teacher flat dollar stipends effective July 1, 2019
Option 1 provides for a 2% increase in salary which is ongoing, but there is no guarantee of additional salary increases in future years. The cost to the district is estimated at $360,000 each year.
Option 2.
- A three year agreement which provides for 2% increase in ongoing salary each year from July 1, 2019 to June 30, 2022 (3 years)
- An additional .5% salary increase if LCFF revenue increases 3.5% or more from the prior year in years 20-21 and 21-22
- An additional .5% salary increase if LCFF revenue increases by 4% or more from the prior year in years 20-21 and 21-22. (up to a total of 1% additional per year)
- An increase of $500 per year towards health and welfare for the years 20-21 and 21-22.
- A 2% increase in flat dollar stipend each year of the 3 years 19-20 through 21-22.
- The District and DNTA will establish a labor management committee to explore health insurance options.
Option 2 provides for a guaranteed total ongoing increase of 7.14% at the end of three years with a three year cost of 13.72%, which equates to an estimated $2,469,000. If LCFF funding increases beyond the above thresholds, the possibility of an additional 2% salary increase provides the possibility of additional raises for certificated staff.
Each panel member can “dissent,” “dissent and concur,” or “concur” with the fact-finding report. “Dissent” means that the panel member disagrees with the report and findings. “Concur and dissent” means that the panel member agrees with portions of the report and findings and disagrees with other portions. “Concur” means that the panel member agrees with the report and findings. The California Teachers Association panel member and the District’s panel member both concur with the Public Employees Relations Board Chair’s report and findings.
The Del Norte County Unified School District Board of Trustees agrees with the factfinder’s report and fully supports the multi-year option, as it provides guaranteed salary and health and welfare increases to teachers and other certificated staff members and allows the Board time to review current budget allocations. This option also allows District staff the opportunity to develop a list of suggested budget changes and/or reductions that will be necessary to maintain a balanced budget for the future.
Fact-Finding FAQ
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FAQ
Q: How does fact-finding work?
A: An impartial three-person fact-finding panel was convened to review the arguments and proposals from both sides and issue a set of non-binding recommendations for a settlement. District management and the union each appoint one member to the fact-finding panel. Then, they mutually agree on a neutral, independent fact-finding panel chairperson from a list of qualified labor relations professionals supplied by the state. The fact-finding hearing usually takes about a month to schedule. It can take longer. The hearing is not open to the public.
Q: What was involved in the fact-finding hearing?
A: The panel schedules and holds private hearings where both sides present offers. The District and the union prepare extensive binders with comparative data and arguments defending their positions. The panel members meet in private to evaluate the positions and the data. Within 30 days they are required to issue a report that contains findings of fact and recommendations. Before the report is made public, the parties have one more chance to meet in closed session to reach a tentative agreement. If they do not, then the executive board of the union and the School Board vote to accept or reject the fact finder’s report. By statute, this process can take no longer than ten days from the time the report is made public.
Q: Is the fact finder’s recommendation binding on the parties?
A: The fact finder’s report is advisory only. Fact-finding is not like arbitration where an administrative law judge decides between competing proposals presented by either side in a dispute. Arbitration is a winner-take-all situation. In fact-finding, the panel chairperson can make suggestions that are compromised. However, the fact finder cannot introduce issues that have not already been submitted in the last offer by the parties.
Q: Did negotiations continue while fact-finding was underway?
A: The fact-finding process usually involves a series of back and forth discussions or mediation sessions involving the fact-finding panel chair and both bargaining teams after the hearing is finished. In some cases, once the parties have heard all of the facts and have some indication of the fact-finders’ positions, a settlement agreement can be reached and the process ends. In other cases, the parties cannot agree that day but agree to resume mediation while the fact finder’s report is pending. Sometimes a settlement agreement can be reached prior to the report being issued. The state collective bargaining law requires that once the fact-finding report is issued, the parties must meet at least one more time to see if the provisions of the neutral’s report can form an acceptable basis for a negotiated settlement.
Q: If the impasse process doesn’t lead to an agreement will there be a teacher strike?
A: At this point a teacher strike occurring is premature. Strikes are legal in California, but they cannot occur until all steps in the impasse process have been exhausted, and contract requirements are met. At this point, it would be illegal for the union to engage in any concerted work stoppage prior to a fact-finders final report being made public, and prior to meeting the requirements in the Del Norte Teachers Association contract. Typically, union leaders take a strike authorization vote prior to the fact-finders' final report being made public to show solidarity and put pressure on management to settle the dispute. It also enables the union leaders to declare a strike without going back to the teachers for approval once they are legally able to strike. This process does not allow members to vote whether they want to accept any new or recent offers from the District.
Del Norte Teachers Association Contract - Page 9
ARTICLE 4
CONCERTED ACTIVITIES
During the term of this professional Agreement, the Association agrees that there will be no strike, work stoppage, slow down, or other interference; and the District agrees that a lockout will not be imposed. Both sides agree to work together to support this Article.
If, after the exhaustion of all aspects of negotiations including the completion of all statutory impasse procedures, the District actually imposes its last, best, and final offer upon unit members, DNTA may proceed with lawful work stoppages (strikes) as long as they do not endanger the health and safety of students, or threaten to disrupt the educational process.
The District shall receive a 3 business days’ notice prior to any work stoppage to enable sufficient notice to parents and to obtain substitute personnel.