HD - LRSD Board Policy | www.lrsd.org

HD - LRSD Board Policy

Published by jackbgarvey on Wed, 08/07/2013 - 15:29

LITTLE ROCK SCHOOL DISTRICT - NEPN CODE:  HD

 

NEGOTIATION PRACTICES AND PROCESS

The Little Rock School District Board of Education wishes to establish a working relationship with all employees which will result in a working environment which will be as productive, efficient, and creative as possible.  The Board of Education is willing to allow groups of employees to establish the type of relationship they would like to have with the Board of Education, including the communication process between the Board and the employees.  Staff members will have the opportunity to work with their supervisors to determine their working conditions, to use the process of "Meet and Confer," or to select the process of negotiations.

 

RECOGNITION OF NEGOTIATING PRACTICES

While there is no legal obligation on the part of the Board of Education to negotiate with employee groups, the Little Rock School District Board of Education will voluntarily enter into negotiated agreements with certain classifications of non-management employees.  It is the desire of the Board to extend negotiating rights on economic conditions of employment, e.g., salaries and fringe benefits, to these classifications of employees, as long as this arrangement is beneficial to the employees and to the District as determined by the Board of Education.  Recognition of the right to negotiate will be granted under the following conditions:

A.     That such recognition of the rights to negotiate be deemed by the Board of Education to be in the best interest of the employees and the District.

B.    That such negotiating practice will be a voluntary practice of the individual groups of employees.

C.   That the Board of Education will recognize the official representatives of those individual groups.

D.   That in the opinion of the Board of Education, the employees to be represented have a community of interests, including but not limited to, the following:

1.    Similarity of duties, skills, interests, and working conditions of employees.

2.    Similar placement in the Little Rock School District organizational structure.  For the purpose of this policy, the Board identifies the following  groups to have differing community of interests: security officers; bus drivers; maintenance workers; custodians; food service workers; clerical personnel; paraprofessionals; nurses; and teachers.  If it can be shown that a different community of interest does exist, the Board of Education will be willing to combine those groups into a community for the purpose of negotiations, and reserves the right to do so.  (Upon the decision of the Board of Education to alter the defined groups, this policy will be edited to reflect the change.)

3.    The following positions will be excluded from the above groups because of their direct relationship with management: executive assistants and the staff assistant in the superintendent's office.  Any employee who has access to information subject to use by the Board of Education in the negotiations or meet and confer process also will be excluded from the groups.

E.    While the Board is willing to negotiate with employee groups under the above conditions, it also recognizes the necessity to reserve for the Board and the administration, certain management rights, including, but not limited to establishment of policy; to determine qualifications, hire, direct, assign, suspend, demote, promote all employees; and to establish the work year.  In this vein, the Board directs that an acceptable management rights clause be part of every negotiated agreement.

 

PERSONNEL SERVICE OBLIGATIONS

F.    Any employee organization will not cause or permit its members to cause, nor will any member of the organization take part in any curtailment of work or restriction of services or interference with the operations of the District in any manner in those areas affecting work responsibility.  The organization will not support the action of any employee taken in violation of this article nor will it directly or indirectly take reprisals of any kind against an employee who continues the full, faithful, and proper performance of his/her contractual duties, obligations, or refuses to participate in any strike or curtailment of work or restriction of services activity.

Violation of this policy or Arkansas law by an organization will cause the Board of Education to remove recognition of the organization and terminate any contract.  Violation of this policy or Arkansas law by any employee will cause the Board of Education to terminate the employee.

The Board agrees that as long as recognition is granted, and a valid contract remains in force, the Board will not participate in a lockout.

 

 

PROCESS

A.     Initial Recognition

         For a group to be initially recognized, or to challenge the recognition of the present representative, the following procedure shall be followed:

         A valid petition calling for a representative election will be presented to the Board of Education.  For a petition to be valid it must (1) contain at least a majority of the signatures of the employee group, or be accompanied with a statement from a certified public accountant, mutually agreed to, that a majority of the employees of the group are bona fide dues paying members of an organization representing the group, and (2) be presented to the Board prior to December 1 of the school year.

         Petitions may be circulated only in the month of November.  The Board may ask the Human Resources Office to verify the signatures of the employees.  If the petition is valid, the Board will schedule an election to select or decertify an official representative.

B.     Continued Recognition

Once an organization has been recognized as the official representative of an employee group, the following procedures will be followed:

The organization must present certified verification that it represents at least a majority of the employees of the employee group.  To determine whether or not an organization represents a majority of the employees in the group, the Human Resources Office will provide the organization a list of all of the persons employed in the group on December 1.  The organization will present a statement from a certified public accountant, mutually agreed to, verifying that a majority of the employees on the list were bona fide dues paying members of the organization on December 1.  Such verification will be presented to the Board by January 15.

If the organization fails to provide such verification by January 15, the Board will withdraw its recognition of the group.  The Board will schedule an election to determine the desire of the employees concerning representation.

C.   Elections

  1. The ballot used for representation elections will be approved by the Board and will include an option to the issue being considered.
  2. The election will be conducted by the Human Resources Office and will be by secret ballot.
  3. In order for an employee representative to be recognized, it must receive in the election at least a majority of the votes of the total number of employees in the employee group.
  4. Campaigning on District property will not be allowed.
  5. The cost of the petition and the cost of the election will be paid by the organization petitioning the Board.

D.      Harassment

Harassment or coercion of employees concerning joining or not joining or voting or not voting for an employee group will not be allowed.  Such conduct is grounds for invalidating the results of an election or withdrawing continued recognition of a representative.

E.      Non-compliance

Non-compliance with any of these regulations will be grounds for the Board to revoke the recognition or the privilege to negotiate with the Board.  Continued recognition of any employee group bargaining representative will be contingent upon both of the following:

1.    Continued belief on the part of the Board of Education that such recognition is in the best interest of the employees and the District; and

2.    Continued desire on the part of the employees of that particular group that continued recognition is desirable.

 

 

 

Adopted:  April 22, 1999