The Hayward Education Association

 
 
August 31, 2010

HEA has 4 updates for Member:

Read the letter from Donna Becnel about September 17 here in: HUSD_school_calendar_clarification_on_9-17-10.pdf (opens with Adobe Reader)
HUSD_school_calendar_clarification_on_9-17-10.doc (opens with MS Word)

The Hayward Education Foundation (HEF) will be sending grant applications to each site at the end of this week.

The Hayward Education Foundation (HEF) also has a special Kathleen Crummey Memorial Grant available to those teachers who attended Hayward schools AS A STUDENT and currently TEACH in HUSD.

Alameda Labor Council BBQ at Martin Luther King Jr. Shoreline Park, 7250 Doolittle Dr., Oakland, CA from 3 to 6 PM.  See the flyer here: Alameda_Labor_Council_Labor_Day_Picnic.pdf (opens with Adobe Reader) Alameda_Labor_Council_Labor_Day_Picnic.doc (opens with MS Word)


August 28, 2010

HEA has three updates for our Members today: 

Ask HEA -Frequently Asked Questions by Members
Grievance Information
Catastrophic Leave Information


1. Ask HEA -Frequently Asked Questions by Members

What district calendar do we use?

During the summer, HEA negotiated a 186 day calendar for the traditional year and the Year round. The Fiscal Advisors stated that they would not accept a 186 calendar. Therefore, the HUSD School Board, on July 21, 2010 adopted a 180 student day calendar (including holidays and breaks) for the 2010-2011 Traditional School Year and Year-Round School Year including holidays and breaks.  At the bottom of the printed calendar it states “Subject to change based on final negotiations with HEA.”  In addition, as stated by Janis Duran, Superintendent, on August 2, 2010:  “Teachers are continuing to be paid for 186 days.  180 instructional days have been approved by the Board of Education.  Three (3) workdays are identified in the collective bargaining agreement.  Teachers are required to report to work on the teacher work days (the day before school starts, the day after school ends, a day during parent conferences for elementary, and a day at the end of the first semester for secondary).  The dates for the three (3) staff development days have not been agreed upon.  There are no staff development days identified at this time.”  Negotiations on this issue are continuing.

How do we work with the prep schedule at the elementary sites?

A meeting was convened Friday afternoon (August 20, 2010) with Donna Becnel, Assistant Superintendent-HR, Jeanne Durarte-Armas, Director Certificated Personnel, and district prep teachers.  At the meeting prep scheduling concerns were raised and discussed.  Some positive adjustments were made at the meeting.  Each site is attempting to work out the schedules as best as possible within the parameters set forth by the contract; namely that preps should not be less than 30 minutes, all grades 1-4 need to have music, all teachers should receive 150 minutes of prep per week within the instructional day, and all teachers need timely breaks and lunches. Concerns about prep scheduling should be referred to FRA reps at each site and brought forward at the FRA meeting, Tuesday  September 7, 2010.  We are continuing to deal with the prep issue including filing grievances if need be.


What is happening about the Special Education teacher assignments?

We are aware that there has been transferring of teachers to different sites and assignments.  Some teachers are experiencing student/staffing incongruities and others have been placed in less than desirable situations.  HEA is actively pursuing resolution to each concern raised and has filed an unfair labor practice and grievances with the district.  

Why am I being “recalled” and then receiving a temporary contract even though I held permanent status when I was laid off at the end of last school year?

We are awaiting requested clarification from the district about the recall process and the issuing of temporary contracts.  The number of temporary contracts issued by the district should be a one-for-one ratio with the number of teachers who are on leave.  We have not received direct evidence that this is so because we have not received the actual number and names of teachers on leave.  Thus far we are checking with our attorney to determine if the recall process is fair and equitable.  We are continuing to request correct data from the district in regard to temporary contracts.  We are waiting for direction from our attorney.

What about Helen Turner Children Center?

We are pleased to see that assignments are being made to provide care for children in an educational environment.  We are displeased that funding is not being made available to fully implement the child development program at Helen Turner and other district sites.  There have been questions about the assignment of teachers to the sites and the percentage of work day.  Again, HEA is actively pursuing resolution and is in the process of filing unfair labor practices and grievances with the district as needed.  


We are hearing rumors about the district going into receivership in September.  Is this true?

We have not heard anything conclusive about the district and receivership.  The process is defined by the state and the process can be reversed at any time.  HEA is not the gatekeeper of receivership.  We are willing and available to negotiate with the district.  All we ask for is clear, transparent evidence to back up the district’s demands.  The district is still asking for $13 million to come from HEA.  This dollar amount has not changed despite the leaves, retirements, increase of class size, etc.  We want to negotiate in good faith.  Negotiations will help resolve some issues, but it will not solve all issues.

2. Grievance Information

I have submitted a grievance, but I have not received any solution or feedback.  Why not?

The grievance process takes time.  The grievance procedure can be located in the Bargaining Agreement Between HUSD and HEA, July 1, 2008 to June 30, 2009 (our last contract), Article 8.  Essentially there are three levels in the grievance process.  Level I is when the unit member (grievant) first discusses the matter in an informal conference with the administrator who is immediately responsible for the unit member.  If the matter is not resolved, the unit member can submit, in writing, the issues involved to the administrator.  The administrator’s decision is communicated within ten days in writing.  The grievance enters into Level II when the grievant appeals in writing to the office of the Superintendent or designee within ten days after receiving a Level I decision.  After a meeting between the grievant and Superintendent or designee to discuss the issues, a written response to communicate the outcome is forwarded to the unit member and administrator.  If the Level II decision is not satisfactory then the grievance is in Level III and submitted to arbitration.  There are specific actions, communications and timelines which must be followed.  They are described in the contract.  Contact the HEA office for the form needed to begin the grievance procedure, if necessary, or see your FRA rep for more guidance.

3. Catastrophic Leave Information

When can catastrophic leave be used?

Catastrophic leave is described in the contract (July 1, 2008 to June 30, 2009) Article 11, Section Q, #1-6.  After a unit member has exhausted all sick leave, the catastrophic leave bank can provide paid leave to the unit member who has suffered from a personal catastrophe.  Requests are reviewed and approved or denied by a Catastrophic Leave Committee.  Because there are not enough days in the Catastrophic Leave Bank to cover all requests, it is suggested that unit members arrange with colleagues to donate the necessary days to cover the request.  Unit members can contribute to the Catastrophic Leave Bank General Fund.  Catastrophic Leave Request and Contribution forms are available in the HEA Office.


August 9, 2010

HEA Bargaining Update

 View the Bargaining Update here: HEA_Bargaining_Update_8-9-10.pdf
 View Donna Becnel’s Memo regarding the HUSD Work Calendar for 2010 - 2011 here: Donna_Becnel's_Memo_Clarification_on_School_Calendar.pdf


August 3, 2010
HEA August Update

Bargaining  has resumed and meetings are scheduled for each day this week. Issues being brought forward include school calendars for 2010-11 and prep periods.
For those teachers being recalled from the Layoff List and receiving temporary contracts to sign,  go ahead and sign the contract but write in your original hire date and seniority number and NOT the date of Aug. 20, 2010.  HEA is looking into the issuance of temporary contracts by HUSD and whether they are appropriately given.
Trustee Paul Frumkin III has decided to not run for his seat on Hayward School Board this November. View Paul’s Farewell letter here: Paul_Frumkin_farewell_letter_080310.pdf



July 2, 2010

HEA Summer Update and TENTATIVE Calendars

Bargaining:

HEA and HUSD bargained the calendar for the 2010- 2011 school year.  The HEA Board has approved the calendar and it is anticipated that the Board of Education will adopt the calendar at the July 28th school board meeting.

 View the TENTATIVE 2010-11 Calendars here:

Year-Round_2010-11_Calendar_Tentative.pdf
Traditional_2010-11_Calendar_Tentative.pdf

Thank you calendar committee for your time and commitment during the summer!

HEA bargained the calendar in June and July and will return again during the summer to continue bargaining other issues on August 2,3,4,5 & 6, 2010.

District apparently confused… who is talking to whom? 

◄ On June 28th the District’s attorney confirmed HEA bargaining dates and wrote, “We regret that the crisis impinges on summer plans;” at the same time, the attorney insinuated that HEA is not bargaining during the summer.  She did not mention that the dates the district offered were not sincere. Most of the district team was to be on vacation including the Superintendent.

◄ In the Superintendent’s July edition of Mapping the Road to Fiscal Recovery, the superintendent reports, “The district continues to ask HEA for bargaining dates, but the earliest dates that HEA can meet are in August and these have not been confirmed.”

- That’s strange since HEA offered dates, bargained during summer break in June and July, and confirmed August dates with the District on June 28, 2010.  Again we ask the district team who’s talking to whom because they certainly are not talking to each other let alone to us.
For a PDF version of this update:
HEA_Summer_Update.pdf
June 18, 2010  

Bargaining Update - Impasse Denied!

We have just received word that PERB (CA. Public Employment Relations Board) denied the District's request to declare impasse!

This means that we will go back into negotiations over the summer. As we have information, we will notify you through your FRA reps and will post appropriate information to our website.


June 14, 2010

HEA Office Summer Hours

The office is open from June 14 thru June 18th from 9:30 - 3:30.
Our phone number is (510) 538-1051

We will be closed from June 19th and reopen on July 19th.

In case of emergency, please call Nicole at the Regional Resource Center at  ( 510) 441-1601


June 10, 2010

End of the Year thoughts from President Mercedes Faraj to HEA Members
Follow this link to: The President’s Message


Latest Bargaining Update June 3, 2010

Follow this link to the: HEA_Bargaining_Update_#4.pdf
Follow this link to the The District’s flyer: District_flyer_6-2-10.pdf

Previous Bargaining Updates

Bargaining Update #3: May 24, 2010

Follow this link to the: Bargaining Update #3.pdf


Bargaining Update: May 17, 2010

Currently, the negotiation team is concluding the four Demands to Bargain including ELD/ALD, DAIT, TOSAs and Inside/Edge. We anticipate beginning the 09-10 contract negotiations formally at the May 18th session.

With the Board action of not issuing lay-off notices to prep teachers, counselors, nurses and our categorically funded Adult Ed folks, the District will need to look elsewhere to find the money it needs to reach fiscal solvency. Once determining the amount of the money needed, the District can come to the negotiations table and begin the process of negotiating in an informed manner. Until then, it would be premature to contemplate any concessions.

From the May 12, 2010 HUSD Board Meeting Action/Discussion Items:

Item F3: “The Board directed staff to remove 45 Elementary Prep positions, 20 Counselor positions, 8.25 Nurse positions, and from Action Item F-2 – May 4, 2010 Proposed Decision of Administrative Law Judge Regarding Reduction in Particular Kinds of Service (Office of Administrative Hearings, Case No. 2010020967) (Human Resources) Page 10 Section 23 the 8 positions listed for the Adult Education Program from this lay off list.  They will not be sent notices of lay-off.”
    
    HEA - “Elementary Music pull-out is still pending Board action.  HEA leadership is working closely with Vicki Schmidt (Music Coordinator).”

Read the Board Summary report here: 05-12-10 Board Meeting Summary.doc
Welcome_files/HUSD_school_calendar_clarification_on_9-17-10.pdfWelcome_files/school_calendar_clarification_on_9-17-10.docWelcome_files/Alameda_Labor_Council_Labor_Day_Picnic.pdfWelcome_files/Alameda_Labor_Council_Labor_Day_Picnic.docWelcome_files/HEA_Bargaining_Update_8-9-10.pdfWelcome_files/Donna_Becnel%27s_Memo-Clarification_on_School_Calendar.pdfWelcome_files/Paul_Frumkin_farewell_letter_080310.pdfWelcome_files/Year-Round_2010-11_calendar_Tentative.pdfWelcome_files/Tradional_2010-11_Calendal_Tentative.pdfWelcome_files/HEA_Summer_Update.pdfPresidents_Message.htmlWelcome_files/HEA_Bargaining_Update_%234.pdfWelcome_files/District_flyer_6-2-10.pdfWelcome_files/Bargaining%20Update%20%233.pdfWelcome_files/05-12-10%20Board%20Meeting%20Summary.docshapeimage_1_link_0shapeimage_1_link_1shapeimage_1_link_2shapeimage_1_link_3shapeimage_1_link_4shapeimage_1_link_5shapeimage_1_link_6shapeimage_1_link_7shapeimage_1_link_8shapeimage_1_link_9shapeimage_1_link_10shapeimage_1_link_11shapeimage_1_link_12shapeimage_1_link_13shapeimage_1_link_14

Welcome to the Hayward Education Association!