Subject Preparation Award

Subject Preparation

Arbitration Award

 

 

In the Matter of an Arbitration between

OAKLAND EDUCATION ASSOCIATION

And

OAKLAND UNIFIED SCHOOL DISTRICT

April 11, 2002

Case Number: NB1962

 

In relation to the class action grievance for school year 2000/2001 alleging violation of Article 12, section 8.B. the parties will initiate the following program to reduce the incidence of teachers assigned more than two (2) course preparations. The program will continue to April of the 2003-2004 school year. At that time the program will automatically sunset and cease to be in existence, unless the parties enter into a written agreement to continue this program. Any dispute alleging a violation of Article 12, Section 8.b (or its successor Section 12.10.2) will be processed through this procedure.

 

Step 1 (May 1 through May 15):

 

a)                  Meetings at each high school and middle school site of an administrator, a counselor, and an OEA representative to review the draft master schedule and identify problems/potential violations.

b)                  Expanded site meeting including affected department chairs to explain and fix problems/potential violations as necessary.

 

Step 2 (June 1 through June 12):

 

a)                              Teachers are encouraged to notify their department chair, administrator, counselor, and/or OEA representative of problems upon receipt of the master schedule on June 1.

b)                              Teachers who were adversely impacted in 2000/2001 with excessive course preparations should also notify their department chair, administrator, counselor, and/or OEA representative so they will not be so burdened in 2001/2002.

 

Step 3 (During the first 2 weeks of the school year)

 

a)               Upon return to school, teachers are requested to report violations within ten (10) days of the start of school.

b)               Teacher complaints will be referred to a committee composed of the affected teachers, an OEA representative, the administrator, and counselor. The committee may request the assistance of the department chair, if necessary.

 

c)                              It is recognized that in certain situations, due to credentialing and/or compliance requirements, it may not be possible to reduce a teacher to the maximum of two (2) course preparations at the same site. In such cases, the teacher will be given the option to waive the contractual guarantee for that school year only, and will not be required to exceed the maximum in the ensuing year. If the teacher from whom a waiver is to be requested is a second year probationary employee, the District will not request a waiver directly from the employee. It will notify OEA that it wishes a waiver and OEA will either provide or decline the waiver on behalf of the teacher. If OEA provides a waiver, the teacher will not be required to exceed the maximum for the ensuing year.

 

If a teacher waives a challenge to four preparations, that teacher will be guaranteed 2 preparations for the following 2 school years. If a teacher waives a challenge to five preparations, that teacher will be guaranteed 2 preparations for the following 3 school years.

 

For purposes of this Award only, a middle school teacher who teaches a core class to a single grade level, and another "singleton" class, will be deemed to have 2 preparations. Music and Art teachers at all levels are deemed to have 2 preparations.

 

Any preparation that results in the teacher being paid a stipend will not count as a preparation under this Award. Teaching different levels of ELD, PE, or sheltered courses does not count as different preparations. Similarly, a sheltered class taught as part of a regular course (e.g. Sheltered Algebra I and Algebra 1) will count as a single preparation. Multiple grade levels in a single class for a single subject will be counted as one preparation. This list is illustrative, not exhaustive.

 

d)                              The teacher who has initiated this complaint procedure will receive a written notice explaining the District's action to deny a resolution, grant a resolution, or to request a waiver. Grievance follows, if necessary.

 

Step 4:

 

a)                              In resolving these complaints, the District is not obligated to implement any resolution, which would result in another contract violation or adversely impact another unit member.

 

b)                              Any remaining disputes will go to expedited arbitration, where the arbitrator will determine, in accordance with Article 12, Section 12.10.2, whether there were "exigent circumstances" permitting the District to exceed the contractual limitation, and whether the additional preparations are "appropriate to the educational program." If the arbitrator finds adversely to the District on either issue, he will award only the remedies enumerated below.

 

c)                              The expedited arbitration will have the following limitations:

 

1. Each side will have no more than two hours to present its case.

2. There will be no briefs or transcripts.

3. Neither side will use a lawyer at the hearing.

4. The parties may schedule two or more arbitrations for the day.

5. The arbitrator will issue an Award the following day.

6. If the arbitrator finds there were no exigent circumstances, or the additional preparations were not appropriate to the educational program, he or she will award the following remedies:

A.                For one additional preparation: in the ensuing year the teacher will not have any more than two preparations, regardless of the circumstances.

B.                 For two additional preparations: The District will pay the teacher an additional $1000 for the year.

C.                For three additional preparations: The District will pay the teacher an additional $2000 for the year.

D.                The amounts to be paid will be prorated by semester, so that one-half of the amount will be paid for the additional preparations for each semester in which additional preparations are required.

 

The parties agree to use the following arbitrators for these expedited arbitrations: Norman Brand

C. Allan Poole

Barry Winograd

 

Middle Schools:

 

The parties recognize that the curriculum needs and current configuration of middle schools create certain difficulties. They agree to establish a Joint Labor Management Committee to study and recommend ways to improve the assignment of class preparations at the middle schools.

 

The arbitrator will retain jurisdiction over disputes involving the application and interpretation of this Award. The parties will meet in March 2003, or any other agreeable time prior to May 1, 2003, to discuss their experience with this program and to mutually request adjustments to this Award.

 

April 11, 2002 San Francisco, CA