June 10 Bargaining Update

HTEC Members,

Our bargaining team met with the CMO for another full day of bargaining on Friday.

We started the day by providing the CMO with a counter offer to their package proposal from May 25. The proposal attempts to bridge the gap on a number of issues and move us towards a final agreement by the end of the school year. We presented it with the hope that the CMO would view this as a sign of good faith that we want to expedite bargaining.

The package included:

Salary

Full HTEC Proposal Here

Last month the CMO presented what they called an “average” salary increase of 10.33% for the 2022-23 school year. They even provided parents with their own bargaining update that proudly proclaimed their belief that the proposed 10.33% increase was fair.

We viewed the 10.33% as a step in the right direction, but took issue with the way in which it was unequally distributed on to the salary schedule. Some members would receive large increases while others would receive little. We also took issue with the proposal still leaving more than half of HTEC members without any increase for the 2021-22 school year.

As a result, our counter proposal addresses these concerns in two ways.

First, we took their proposal of a 10.33% increase and applied it evenly across the board so that all HTEC members would receive a 10.33% increase from where they started the 2021-22 school year. The CMO responded that they believed this was more than they previously offered, since their previous offer was an “average” of 10.33%. We repeatedly pointed out that how the increase is distributed should make no difference in the total cost, as 10.33% to everyone still results in a 10.33% average.

Second, we proposed that we address the equity issue from the CMO’s unilateral pay increase to less than half of membership on January 1 by providing all unit members who remain with the school through the end of the school year with a one-time bonus of $2,000 for full-time educators and $1,000 for part-time educators. This amount is consistent with what the CMO previously offered as a “COVID” bonus.

In addition, the CMO’s last proposal consisted of a three-year contract that offered no pay increase for the 2023-24 and 2024-25 school years. Our proposal includes an additional 5.28% increase for 2023-24 while also eliminating the lowest paid step to speed up comparability with surrounding schools. Currently, the State of California and School Services of California, the organization that provides budget advice for charter schools and districts across the state, are recommending that school budget for a 5.28% cost of living adjustment for the 2023-24 school year. Our proposal allows us to bargain a raise for 2024-25 in a future contract.
 

Employment Status and Discipline

Full HTEC Employment Proposal Here
Full HTEC Discipline Proposal Here

Our employment status and discipline proposals are still rooted in the concept of allowing educators who have completed an industry-standard two year probationary period to receive due process rights when it comes to discipline or dismissal.

We did attempt to bridge the gap from the CMO’s last proposal by allowing for verbal warnings to be documented if further discipline is warranted and by eliminating a requirement that they issue unpaid suspensions prior to firing a teacher.

Our proposal also addressed other concerns the CMO had about allowing a teacher who believes their firing was unjust to appeal. Notably, it would not require the CMO to continue providing pay and benefits while the appeal process is exhausted. Second, it provides an expedited grievance process that allows appeals to be addressed as quickly as possible while still retaining a neutral third party to resolve differences, if needed. We believe this removes uncertainty from the appeals process and reduces the risk for the CMO if a teacher believes they were not treated fairly, while still allowing for due process.
 

Hours

Full HTEC Proposal Here

Hoping to reach common ground, our counter proposal for hours does allow for limited circumstances where a teacher could not receive a duty-free lunch period. However, instances when this occurs should provide compensation for the teacher with an additional half-hour of pay. 

Also, consistent with state law for most workers, teachers impacted by this should receive two 15-minute rest periods during their work day to be able to use the restroom or take care of any personal needs. We wouldn’t ask a student to go the entire day without a restroom break, and we shouldn’t ask that of teachers.

Our proposal also caps the instructional year at 175 days unless bargained otherwise. We strongly believe educators should have a seat at the table in deciding if there’s a need to increase the instructional year in the future.

Finally, our proposal again requires that educators who attend Odyssey be compensated for their time at the hourly rate of $22.73. We also pointed out to the CMO’s bargaining team that CalSTRS regulations mandate that employees in the same job classification have a uniform work year, and that creating a year with 197 days without additional compensation puts the school and educators at risk with the retirement system. We believe this is rectified by calculating the days as additional work while providing additional compensation.
 

Class Size

Full HTEC Counter Proposal Here

Our bargaining team’s class size proposal compromises with the CMO’s previous proposal by requiring schools to make a reasonable attempt at class size caps of:

• Elementary: 24
• Middle School: 28
• 9th Grade: 34
• 10th-12th Grades: 32

While the CMO previously proposed that support for teachers with class size concerns be at the discretion of site directors and exempt from the grievance process, we proposed that determining appropriate supports be collaborative in nature and that teachers would retain the right to use the grievance process if they believe their school is being unreasonable.

Leaves

Full HTEC Proposal Here

The CMO’s previous Leaves proposal addressed many of our previous concerns. Our counter proposal attempts to compromise on the last remaining difference by splitting the difference on the number of personal business days teachers could take by making it three.

Benefits

Full HTEC Proposal Here

Benefit proposals from both the CMO and our bargaining team remain at capturing the status quo benefits contributions from HTH.

Leaves

Full CMO Proposal Here

The CMO’s leaves proposal resolves the last outstanding difference on leaves by accepting our bargaining team’s compromise of educators being able to use three days of accumulated sick leave as personal business days without giving a reason to their director.

If part of the final contract tentative agreement, the leaves article of the contract would be a substantial improvement for HTEC members, by allowing us to earn an industry standard 10 days of sick leave per year that accrues from year to year, and allowing us to use some of that leave for personal business each year.

Hours

Full CMO Proposal Here

The CMO also made significant progress in their hours proposal, by setting the instructional year at 175 days unless bargained otherwise and by conceding that newer teachers who are required to participate in Odyssey must be paid. The CMO proposed that Odyssey attendance be paid at the state minimum wage. While minimum wage is only a start to valuing the time of educators, we’re extremely happy that we’re on the same page that educators should be paid for all days they are required to work.

The proposal did fall short when it came to guaranteeing a lunch break for educators, eliminating our proposal of compensation and alternative breaks for when a duty-free lunch isn’t provided. We continue to express our disappointment that the CMO is not willing to guarantee a daily break for teachers to be able to eat or use the restroom.
 

Assignments and Transfers

Full CMO Proposal Here

While the CMO’s proposal on assignments and transfers comes close to capturing our intent of a fair and transparent process for filling vacant positions, it adds in the unlimited discretion of HTH to involuntarily transfer a teacher from one campus to another. We’re concerned with how this could be used in the future, as it hasn’t previously been part of any HTH policies or procedures.

Class Size

Full CMO Counter Proposal Here

The CMO’s class size proposal attempts to compromise on our differences on elementary and middle school class size maximums. It also allows overages to be addressed through the grievance process if they cannot be resolved informally with a site director.

Benefits

Full CMO Proposal Here

Continues benefits as the status quo if accepted as a package.