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Hr model: More human side Social norms dictate production Salary isn't only incentive for doing good work Emphasises relationship between leadership and employees in a democracy informal leaders may be more influential |
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Pattern of shared assumptions or the way things get done |
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- When at least 1 of the 2 sides can't agree and negotiations go to perb
- Declared jointly or by one party
- PERB has to certify impasse
- Leads to mediation
- Leads to Fact Finding
- Leads to post-fact finding negotiations
- Unilateral implementation or strike
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Announcement... public disclosure of both positions in collective bargaining BEFORE any negotiations take place, must be posted for 24 hours |
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The feeling of a school that is the outgrowth of culture |
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Letting people know position by providing aggressive action Ex: strike, work slowdown, letter writing campaign, picketing |
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Due Process of Employee rights |
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- Know rules
- Understand Performance Standard
- Give Feedback and Be Heard
- Chance for Improvement
- Receive Assistance
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Using the power of persuasion in Interest Based Bargaining Focus on interests (not positions) Attack issues (not people) Satisfy the other’s party’s interests as well as your own (mutual gain, win-win) Yield to principle (not pressure) Focus on possibilities and opportunities Team relationship between the two parties |
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Against ERA covering union Practice Rodda Act Violation Involves negotation process PERB decides To avoid issues as admin, Never at a site level... negotiate engage in collective bargaining allow yourself to be intimidated abandon principles to avoid conflict |
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Volation of contract (probable site connection) against superior Internal steps to resolve arbitration will decide issues: just cause for discipline insubordination assignment process violation evaluation misapplication of conduct |
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1975 replaced Winston act Set scope of collective bargaining Estabilshed EERB Educational Employment Relations Board later called PERB unit determination, confidential employee rights, right to form a bargaining unit as exclusive representatives |
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Any rights not specified in contract as labor rights in edcode, Scope of Anaheim Contract These rights can include... educational goals budget priority evaluation content safety staff direction Hiring interpret and implement the agreement |
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criteria for dismissal which now includes unsatisfactory performance rather than incompetence |
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Facts Rules Impact Suggestions/Directives for Improvement Knowledge of right to respond |
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Hostile work environment characteristics |
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- victim perceived rather than intent of suspect
- Criteria for judging includes a reasonable man
- Considered severe and Pervasive (unwelcome)
- Interferes with work
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a Personnel Commission manages Classified Employees 3 members sets procedures |
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Collective bargaining includes... Doesn't include... |
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salary benefits Working conditions terms of employment doesn't include - job assignments
- curriculum requirements
- fiscal decisions
- lay offs
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concerns / gaps in resume or application you should ask about including... 2 year shuffle gaps who are references from which references are missing salary progresion frequent job changes geographic changes convictions prior adverse action on credential |
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California Standards for the Teaching Profession |
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Public Employee Relations Board gets involved during Impass Provides authority to bargain, administer statutes, conduct elections, binding agreements. at impass appoints mediator
Leads to mediation in 2 different rooms Leads to Fact finding Arbitration that may be unilateral or strike Step 1: Mediation Sep 2: Fact -Finding (EACH PARTY APPOINTS A PANEL MEMBER AND THEY CHOOSE A PERB REP Issues advisory report Either party free to accept, reject or modify recommendation If not 2nd impass is reached and employer may unilaterally impose it's last best offer. The union is able to engage in concerted activity. |
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dividing jobs into increments using incentives to reward increases in productivity punishing decreases underlying gears and mechanisms of how beaurocracy works |
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closed for the length of the contract |
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contract provision purposely left open |
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work factors judged by social norms salary not only incentive intensified need for personnel dep't |
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guarantees right to due process |
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incremental steps of disciplining employees Step 1: Informal notice... written or verbal Step 2: Formal written reprimand placed in working file on site w/90 days to improve Step 3: Further formal written reprimand... all documentation goes to Personnel file
Step 4: Unsatisfactory evaluation w/Disciplinary action, well documented deficiencies
HR rep speaks to employee about options during steps 3 or 4
4 factors to consider offense length of service prior disciplinary record employee's last performance record magnitude of severity appropriate and proportionate response to problem |
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influenced by business and industry Deming: Total Quality Management designed to value the input of employee Teamwork Empowering employees to serve customers Better tomorrow than what we did today Workforce Development in all aspects of HR |
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Balancing employee ratio for each school by specific formula Key concept: fairness avoids subjective allocations based on principal's perceived needs. |
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McGregor Seek Responsibility like work Employees will exercise autonomy w/out threat of punishment Most indiv seek out responsibility |
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Anaheim Test *know criteria |
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expanded scope of bargaining based on previous PERB rulings salary, benefits and working conditions Criteria: - subjects are negotiable if they are
- logically and reasonably related
- of sufficient concern to cause likely conflict
- negotiations will not significantly change management scope
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Ed Code Requirements for evaluations |
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procedures are contract negotiated, but standards to be judged are edcode Edcode requires a system of eval Prob eval 1x per yr Perm 1x every other year all evals must be provided 30 days prior to end of yr if unsatisfactory; include written notice and recc. must then be eval at least 1x per yr until satisfactory adhere to curriculum objectives suitable learning environment admin certified to measure employee competence |
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Personnel Files Formal district vs informal site |
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Site files contain oral warnings, complaints, contract references Should be kept chronologically Wrap up memo can provide summary info from site District Personnel files right to comment and placed in files w/in 10 days protects against arbitrary and prejudiciary decision avail only to employee and those w/official access can't be forwarded to another agency |
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California Steps of Collective Bargaining |
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Collective Bargaining Terms |
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political powerplay focused on winning, adversarial flexing muscle |
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refers to management resonableness don't... make indiv agreements w/employee Interfere w/STA mtg encourage 1 organization over another no such thing as "off the record" |
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fair notice of impending action opportunity to be heard The notice: follow prescribed procedure from edcode including timelines The Hearing: Before a board/panal w or w/out witnesses "Once permanent, your job is your property" Substantive due process: gov't seizure caused by unfair criteria or insufficient evidence Liberty interest: freedom to work w/out stigma of unjust through denial of claim and public disclosure Grounds for Dismissal: show progressive discipline, provide assistance, and stay in compliance w/law |
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Pitfalls of Rating at Interview |
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Halo Effect Ideal Image Error Stereotyped error First Impression Prejudging Personal Bias Relying on Intuition Leniency Projection Effect |
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the process of submitting a dispute between a board and union to an impartial 3rd party or a panel of persons. Can be compulsory or voluntary.
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fees must not exceed standard membership dues. Huge poker chip requiring all persons to join and pay dues. |
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All employees represented by a particular union. |
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Good vs Bad faith bargaining |
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good - honest attempt to reach agreement
- meet face to face at reasonable times
- consider all points
- reach agreement
Bad - surface bargaining
- failure to respond
- delay
- bipass negotiators
- withdraw concessions
- refusal to provide info
- lack of authority to negotiate
- regressive bargaining
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Duty of Fair Representation |
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A union can't be sued, and must represent all members of a bargaining unit |
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come to table w/sincere and subjective desire to reach agreement. |
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Steps in Collective Bargaining |
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Sunshine Negotiate in good faith Impass Mediation Fact Finding Hearing Process Last Best and Final Offer Ratification can occur in previous 3
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Pickering vs Board of Education |
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right to speak out on public issue outside the classroom |
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Prof dev't best practices |
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uses performance achievement data analysis of student achievement Long term connects w/school plan individual student needs followed by in class experience and then more follow up respects leadership dev't of teachers refines and expands skills continued inquiry and reflection 2-way accountability and feedback uses data to determine effect |
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How to respond to claim of sexual harassment |
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Ask if anyone else saw/ heard Ask whether the victim knows of anyone else who has been victimized Seek HR help for full investigation Inform victim they won't be retailated against for complaint Do not promise confidentiality |
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Contract confrontations (Grievances) how to handle |
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Log events.. keep notes meet w/ employee consult contract notify next level of mgmt decide on interpretation notify employee |
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types of site level unfair labor practices |
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engage in meeting impolse or threateen repriasals Discrimminate against employee Intervere w/ employee who chooses to exercise any right Contribute financial or other support Encourage employyee to join one over another |
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CCTC what are committee options when complaint is made? |
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1. no action 2. Private reprimand 3. Reprimand cc to employer 4. All Points bulletin 5. Revolke certificate |
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What is the cause of upcoming workforce shortage in CA? |
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Baby Boomers will retire 20% leave 1st 3 yrs 50% leave in urban district 8% decrease in # of newly credentialed teachers Emergency credentials are now obsolete Class sizes are 20% higher than nat'l average Salary ranks 32nd when purchase power included |
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Career ladder vs merit pay |
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Career: take on more jobs Merit: superior evals, improved test scores, improved student achievement |
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NEA opposed Difficult to justify because definition of teaching is vague many variables in student performance differential pay may divide staff, discouraging collegial excellence |
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Prob- ends 1st day after 6 months If sub works 60 days, entitled to position Compensation is decided by surrounding districts analysis of fringe benefits internal consistancy 45 day notice for lay off 39 month rule; entitled to reemployment |
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