Author: John Hotchner

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What is “Fact-Finding” ?

CAUSE ADVISORY
IMPASSE Update – Feb. 28, 2025
Mediator Directs Parties to “Fact-Finding” 

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CUSD Employees, Parents, & Community Members,

The Union has received notification from the California Public Employment Relations Board [Ca. PERB] that the 23-24 Collective Bargaining Cycle, now 21 months on, was directed to “Fact-Finding.”  CAUSE Leadership is disappointed that the District did not take the now 7 month “Mediation” process any more seriously than it took the first 14 months of the negotiation process.

 

Moving Forward:

Although the “Mediation” phase was a confidential phase, where Union leadership was not permitted to share either party’s proposals, the “Fact-Finding” process is not confidential.  Therefore, CAUSE has attached two new proposals, which have also been provided to CUSD.  [ Nothing prohibits the parties from continuing to settle our outstanding IMPASSE.  We remain focused on reaching a fiscally responsible agreement , which is both fair to District employees and avoids any future interruption to the teaching & learning environment, our students, their families, and the community. ]

 

What is the “Fact-Finding” process?

 

* When an agreement is not reached in the “Mediation” phase of IMPASSE, the parties are directed to “Fact-Finding.

* An impartial expert/s are selected by either the parties or by an individual with the authority to appoint a neutral fact finder, who is assigned to determine the “facts” in dispute.

* The fact finder is authorized to evaluate the matter and file a report establishing the “facts.”

* The fact-finder is authorized to issue a substantive recommendation as to how a dispute might be resolved.

*  The District may accept or reject the fact-finder’s recommendation.

* If the fact-finder’s recommendation is accepted, an agreement is reached between the parties.

* If the fact-finder decision is not accepted, the District may impose its will.

. * Employees may then determine how to best respond; including and up to the right to “STRIKE.”  If such a strike occurs, employees cannot be fired for participating in a protected strike.

 

Upcoming Organizing Opportunities:

Shortly, several activities will be announced.  These will be designed to educate the community on the importance of increased District SAFETY and compensation levels that bring employees economic stability in the face of extraordinary “Cost of Living” increases over the last two years (i.e. 20% – 23% regionally).

We are proud to serve you.

~ CAUSE Leadership

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CAUSE ADVISORY

Update: IMPASSE Mediation

Session # 1 * Oct. 9, 2024

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District Employees & Families,

Yesterday, Union & District leadership joined a State mediator assigned to assist the parties in reaching a mediated agreement.  Although confidentiality agreements prohibit Union leadership from discussing any actual proposals discussed during mediation, we are permitted to share details pertaining to the process itself.

Meeting dynamics:

Although the parties were scheduled to meet together (in-person) at the beginning of the meeting, this did not occur.  Superintendent Rigby has refused to meet face-to-face with Union Leadership for over 6.5 years.  This mediation session was no different.  Although Union representatives took time away from their students to collaboratively work towards a good-faith agreement, Mrs. Rigby (the administrator most responsible for leading the District through challenging matters such as these) would not join us directly.  CAUSE & CUSD’s bargaining teams remained in different rooms throughout the day, with no face-to-face communication.  Meanwhile, the mediator shuttled back and forth between the bargaining partners.

Topics discussed:

During the mediation session, we reviewed contract articles associated with SAFETY, LEAVE, and COMPENSATION & BENEFITS.  Union leadership continues to stress the importance of the 100 + employee proposals previously rejected by District leadership.  CAUSE remains focused on helping District leaders understand the relevance of employees’ proposals and the conditions they are designed to improve.

Where are we at:

No agreement was reached.  Therefore, the parties will work with the mediator to schedule the next meeting.

In the meantime, we’ve included the most recent employee proposals submitted prior to declaring IMPASSE.

1 – June 3.CERT.SAFE _ CAUSE (Counter Proposal ) _ ARTICLE 15_ SAFETY _ 2023-24 FIN..2024

2 – Oct. 6. CLASSIFIED CAUSE (1st Counter Proposal ) ARTICLE 14 SAFETY 2023-24 – Oct. 6 CLASSIFIED CAUSE (1st Counter Proposal ) ARTICLE 14 SAFETY 2023-24 -1

3 – June 3.CERTIFICATED – LEAVE – CAUSE – Proposal 2023-2024..FIN

4 – June 3 CLASS. LEAVE * CAUSE Proposal (2nd) * Article 12- LEAVE * 2023-24

5 – CERTIF.Art.6.SPED.Comp&Benefits (PART A) Proposal 2023-24.FIN.

6 – CERTIF.Art.6Compensation & Benefits (Part B) -Proposal _ CAUSE_ 23-24 – June.3. 2024.FIN.

7 – June 3.23-24 – CLASSIFIED Proposal – ART. 6 _ Comp & Benefits.(SPED.Part A) June.3.2024. FIN.docx

8 – June 3.CLASSIFIED Proposal 23-24 – ART. 6 _ Comp & Benefits.(Part B) . FIN.

As you review them, please consider how you will make your voices, experiences, and interests heard.  District leadership routinely asserts that CAUSE’s bargaining team does not represent the interests of District personnel.  Your direct participation is needed to demonstrate employee support for the proposals we carry to the bargaining table, which will have a direct impact on the well-being of District employees, students, and families.

In Unity,

~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can ! *

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CUSD / EMPLOYEE Contract Negotiations

 

 

CAUSE ADVISORY

IMPASSE Update – Sept. 27, 2024

* Collective Bargaining * 

 

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     IMMEDIATE Notification:

Alas, the IMPASSE process is scheduled to move forward.  The first IMPASSE mediation session will be held on October 9, 2024.   If you are interested in participating directly in the IMPASSE process, please contact CAUSE Leadership directly [cause.cusd@gmail.com] .

Background:

As many are aware, CUSD rejected every one of the 100+ proposed contract improvements (in areas of  Safety, Special Education, and compensation).   After declaring IMPASSE in June, 2024, the Union successfully promptly received IMPASSE authorization from the Ca. Public Employment Relations Board [PERB].

District leadership then scheduled, cancelled, and avoided rescheduling IMPASSE meetings through the Summer and early Autumn; alleging the District had no meeting space or rooms available.   After patiently encouraging the District’s participation in writing, at School Board meetings, and face-to face, the Union reached the end of its patience.

Therefore, last week, CAUSE Leadership requested PERB’s direct intervention.  The State responded immediately to put the IMPASSE process back on track, scheduling an in-person meeting on October 9, 2024.

The District’s unwillingness to resolve these matters over the Summer, signals its intent to use community disruption & anxiety as a bargaining chip going forward.  Hoping to avoid this, we ask District employees to do all they can to inform District leadership and. the community how proposed employee improvements will promote increased academic, emotional, and physical well-being for the District students and the families we serve.

Your consideration and participation are appreciated.

         ~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can *

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CAUSE ADVISORY

Contract Negotiations * UPDATE

IMPASSE

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District Employees & Colleagues,

A brief update on contract negotiations:

 

* CAUSE & CUSD negotiated over contract improvements during the 23-24 school year.

* Throughout 23-24, District Leadership did not behave like good-faith partners

(See attached – Statement of Facts – Request for IMPASSE.

* The Union declared IMPASSE in June, 2024, asking the California Public Employment Relations Board [PERB] for assistance.  California PERB supported our IMPASSE declaration just days later.

* Currently, PERB is working with CUSD & CAUSE to reach a reasonable contract agreement.  Unfortunately, the District cancelled & would not schedule Summer meetings, alleging that there was no space available (i.e. no rooms) to meet with employee representatives and the PERB mediator.

* During the same period, CUSD has given District administrators two different salary increases for themselves (totaling 10-12%).  Meanwhile, CUSD has offered District employees just 2% – 2.5% pay raise.

(See attached – District administrators’ salary data, before giving themselves another pay raise in June, 2024.)

 

More information will be provided as the IMPASSE process continues. Please feel free to contact us with your questions.

~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can ! *

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Union Declares IMPASSE – PERB APPROVES Request

CAUSE ADVISORY
Collective Bargaining – Impasse
Summer Update * July 2024
 
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Greetings Colleagues, CUSD Employees, Board Members, & District Families,
With the return to the 24-25 school year less than a month away, Union Leadership wanted to provide an update on the collective bargaining process.
 
CAUSE declared IMPASSE in June, 2024:
 
After two more Summer bargaining sessions in June, CAUSE declared impasse when it became clear the District was not taking employees’ contract proposals seriously.   District Leadership not only rejected over 100 employee proposals (designed to improve services and outcomes for District students), they also refused to provide respectable salary increases to District employees.
Meanwhile, throughout the 23-24 bargaining cycle, CUSD’s administrators gave themselves a 5% salary increase at the start of the 23-24 school year, and another similar increase a few weeks ago!  (see MINUTE 2:25:00 – https://www.youtube.com/watch?  v=PZX3LLlunhA&list=PLhGoPZRQubpb4As5lqiaNWNOYDsTc2j6O&index=8)  While District administrators have given themselves 7-10% in salary increases, CERTIFICATED & CLASSIFIED employees haven’t received a salary increase since the 2022-23 school year.
PERB Approves IMPASSE Request:
Upon declaring IMPASSE, the Union was required to clarify why we believed IMPASSE was the appropriate path forward.  ((Follow this link to review the Union’s “Statement of Facts” – Request for IMPASSE.)  CAUSE’s request for IMPASSE was accepted by the California Public Employment Relations Board [Ca. PERB] almost immediately.
Since that time, Union Leadership has worked to schedule dates for future mediation sessions.  In these sessions, a PERB mediator will review the details associated with the 23-24 bargaining process, and attempt to move the parties (CUSD & CAUSE) towards a mediated agreement.  The first of these sessions is scheduled for August 16, 2024 (9AM-4PM).   However, we were just notified that the District is attempting to withdraw their previous availability, after first requesting and confirming on that date.  Either way, Union Leadership will be hard at work; preparing for a productive IMPASSE process.
Moving Forward:
Although we hope to have a reasonable agreement to share before the instructional year begins, we must be realistic.  In absence of a mediated agreement, the participation of District employees will be critical in our efforts to better inform District leadership and the community on how the interests and needs of District employees allow us to better serve our students and District families.  We encourage ALL District personnel, their families, and supportive members of the community to consider what you will do to help support employees’ proposed improvements.
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Performance Evaluation: (2023-24) Superintendent Diana Rigby

CAUSE SURVEY

Please Complete this Performance Evaluation 

(2023-24) Superintendent Diana Rigby

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Greetings CUSD Colleagues & Employees,

To better understand and communicate issues related to the partnership between the CUSD Superintendent and the staff & faculty she leads, we rely upon your feedback and experience.

As we near the end of another instructional year, Union Leadership asks that each employee help us better understand the Superintendent’s performance and the support she provided District employees in 2023-24.

This can be done by completing the following survey:

https://www.surveymonkey.com/r/Superintendent-RIGBY

Each staff & faculty member may complete one survey for the CUSD Superintendent.  Although this is an anonymous survey, your individual experiences, opinions, and perceptions are highly valued. CAUSE leadership will make every effort to ensure that the identity of individual survey respondents remains confidential.

 

Please make every effort to complete your survey
NO LATER THAN, Friday,

May 17, 2024

 

THANK YOU for your participation.

~ CAUSE Leadership

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* C.A.U.S.E. – Yes We Can ! *