The Negotiations
Platform provides guidance for the local negotiations process and establishes
standards for contract and policy development for public education employees.
The WEA recommends that governing boards and administrators use this
Platform as a basis for employment standards as representative of the unified voice of public education
employees in
A.
RECOGNITION, GENERAL PROVISIONS AND IMPASSE RESOLUTION
The WEA calls upon
governing boards to
include public education employees in the policy-making process and to maintain
and enforce policy agreements once they are adopted.
The WEA recognizes
that negotiations procedures are the most effective way to provide an employee
voice in policy and contract decisions. The WEA maintains that the negotiated
agreement, individual contracts, board policies, and state statutes must not be in conflict.
The WEA believes
that the following provisions should be included in all locally negotiated
agreements.
1.
Recognition of the Association(s)
The WEA believes
that education institutions have an obligation to formally recognize the local
association(s) as the exclusive representative of the public education
employees when a majority of said group so desire, and to implement a fair and
equitable process for employee participation in institution decisions;
2.
Association(s) Rights and Duties
As the recognized
representative of public education employees, the local association(s) should
reach a written understanding with the governing board, which establishes the rights and
responsibilities of the local association(s). That agreement should include
provisions for payroll dues deductions for members, leave for association
business, on-going communications
with members, meetings at education facilities,
and recognition of the duty of the association to represent all members in
grievances and contract negotiations;
3.
Mutual Consent to the Agreement
The WEA deplores
any attempt by governing boards to
unilaterally change or nullify negotiated agreements or policies, including the
use of capriciously declared “states of emergency” in order to do so. The WEA also condemns the actions of any
statewide group or organization advocating the suspension of the rights of any
association to negotiate or share in decision-making. The WEA recommends that all
negotiated agreements include provisions requiring that changes in the
agreement be made only by mutual consent of the parties to the agreement.
4.
Policy Development Procedures
The WEA recommends
to all local associations that all policy development systems be made part of the formal negotiations process.
5.
Impasse Resolution Procedures
The WEA recommends
that all governing boards and
local associations adopt effective impasse resolution procedures as part of the
negotiations agreement. Such a procedure should include the intervention of a
professional mediator and/or fact finder to assist in the facilitation of mutually acceptable and equitable settlements of
negotiated agreements.
6. Full Adherence to the Agreement
The WEA calls upon
all public education employees and governing boards to adhere fully to all
conditions of employee contracts, policies, and education statutes.
B. Professional Salary Schedules for Certificated
Employees
The WEA believes
The WEA believes
that current certificated employee salaries in
The WEA opposes
state-mandated pay programs, believing that salary schedules are best
established through local negotiations.
The WEA opposes imposition of wage controls, which place public
education employees in an inferior economic position. The WEA urges education institutions to use initial contracts in all
hiring procedures.
The WEA urges
governing boards and
associations to negotiate local salary agreements providing for the following:
1. concurrence
with the salary goals of Enrolled Act 50 which states that Wyoming teacher
salaries will be in the top 10% nationally;
2. salary
schedules which are based on
preparation, experience, and professional growth, and which recognize
advanced education through the doctoral degree;
3. an indexed schedule relative to years of
experience and professional growth;
4. salary schedules which do not in any way
discriminate on the basis of grade or subject matter taught, residence, race,
national origin, religious affiliation, marital status, gender, sexual
orientation, health, weight, age, physical handicap or number of dependents;
5. opposition
to any establishment of tiered compensation systems that place entry-level
employees on a salary and/or benefits schedule that differs from that of career
employees.
6. salary schedules which allow full credit for
previous experience in
7. salary schedules which are applied fully and
without exception in actual practice.
C. ADDITIONAL COMPENSATION PLANS
The WEA believes that any additional compensation
plan should not replace, but be in addition to a competitive salary
schedule. The WEA opposes
any legislation that would trade employee rights for any form of compensation. Sufficient funding should be in place to allow every
employee to participate in the plan. Any
plan that provides additional compensation to education employees beyond that
provided by the single salary schedule should meet the following minimum
criteria:
1. Any education institution designing
such a plan will create it in a collaborative manner that includes all
stakeholders and is based on careful study
2. The plan will be incorporated into
appropriate documents at the education institution that establish the terms and
conditions of employment for education employees
3. Any additional compensation beyond the
salary schedule must not be based on education employee evaluation, student
performance or attendance
4. The criteria that are used to
determine whether education employees receive the additional compensation
should be clearly stated and subject to objective measurement. The plan also should make clear how those criteria relate to the
school district’s educational objectives
5. The plan should not directly or
indirectly limit the number of education employees who are eligible for the
additional compensation. All education
employees should be afforded a fair opportunity to meet the requisite standards
and should receive the additional compensation if they do
6. Full funding should be available to
sustain the plan. The allocation of funds
to provide the additional compensation should not prevent increases in the
basic compensation for all education employees
The plan should not
diminish the professional status of those education employees who do not
receive the additional compensation or in any way suggest that such education
employees are not qualified for the positions that they hold.
D.
WAGES AND SALARIES FOR EDUCATION SUPPORT Professionals
The WEA recognizes
the necessity to secure and retain qualified education support professionals
for
The WEA recommends
that local associations and governing boards negotiate wage and salary agreements for support
professionals providing the following:
1. wage scales which are designed to achieve a
career-level of income commensurate with training, education, skills, and job
responsibilities;
2. wage scales which are equitable for all
employee groups, in that they provide for similar pay for similar levels of
preparation and responsibilities;
3. wage scales which are indexed relative to years of experience and
professional growth;
4. wage scales which do not in any way
discriminate on the basis
of residence, race, national origin, religious affiliation, marital status,
gender, sexual orientation, health, weight, age, physical handicap, or number
of dependents;
5. wage scales which allow for transfer from one
job classification to another by qualified employees;
6. provisions for full compliance with Federal
and State Wage and Hour Laws; and
7. encouragement of
full-time employment whenever possible.
E. Teacher Preparation Programs for Education
Support Professionals
The
WEA believes that education support professionals are an integral part of the
students’ learning process and, therefore, would make excellent candidates for
teacher preparation programs. The
Association also believes that affiliates should support the development of
programs, resources, and funding to assist those education support professionals
who wish to obtain a college degree and fulfill the requirements necessary to
become licensed classroom teachers. The
Association encourages licensed colleagues to act as a support system for such
programs.
The WEA affirms
that public education employees must be provided with non-salary benefits “--
commonly called employee benefits --” equal in value and scope to those
available in other professions or occupations requiring comparable
preparation. The WEA recognizes that failure
by employers to fully fund health benefits results in adverse selection. Adverse selection means fewer employees
participating and decreased viability of coverage offered by health care
providers.
The WEA urges
governing boards, the legislature and local associations to negotiate programs
which provide equitable employee benefits for all job classifications, and
which provide for the following:
1. employer
fully-funded group health
insurance for individuals and families, including major medical insurance
(comparable to the plan offered by the Wyoming Educators’ Benefit Trust) for
employees and their dependents;
2. employer-financed long-term disability
insurance, providing at least 60% of salary for the continuance of the
disability or to age 70;
3. employer-financed group life and accidental
death and dismemberment insurance in the approximate amount of one year’s
salary;
4. a tax-deferred annuity plan;
5. payroll
deduction plan available for the payment of insurance premiums, mutual fund
shares, WEA dues, and other mutually agreed upon items;
6. severance
pay and an early retirement plan;
7. sick
leave plan and a sick leave bank;
8. emergency
and personal leave provisions;
9. public office leave without loss of pay or
benefits;
10. paid holidays and vacations for education
support professionals;
11. employee
assistance programs; and
12. post employment
health options.
The WEA believes that
governing boards should be encouraged to include comprehensive mental health
coverage in their insurance plans. All public education employees
should have confidential access to an Employee Assistance program which will
offer qualified, affordable professional mental health services which can aid
the employee and his/her dependents in addressing situations which have the
potential for debilitating the individual’s performance. All governing boards should be encouraged to offer
respectful and confidential interventions to their employees who are
experiencing problems in their personal lives that interfere with performance
on the job. Counseling should not be limited to the care of a psychiatrist, but
should include care given by private practitioners and counseling center staff.
Mental health treatment should be allowed for current and past traumas or life
experiences that debilitate or interfere with the quality of performance on the
job. There should not be any stigma attached to an employee seeking mental
health treatment or any notation in his/her personnel file.
G.
PROFESSIONAL RESPONSIBILITIES AND EXCELLENCE
The WEA believes
that governing boards have an obligation to enable public education employees
to educate effectively and
to allow for professional growth.
Therefore, the WEA recommends that local associations and
governing boards negotiate
provisions that provide for the following professional standards:
1. adequate time to educate, including daily
preparation time available to all certificated employees;
2. appropriate education facilities and necessary
materials;
3. employment
assignments within endorsement;
4. a statement of professional ethics which
includes a clear understanding of prescribed and prohibited conduct and the
penalties therefore;
5. a safe working and learning environment, which includes clear and
appropriate standards for student conduct and student discipline;
6. opportunities for professional growth and
development through:
a. in-service programs which meet the needs
of public education employees, as
identified by said employees;
b. compensated release time for participation and
leadership in professional associations at local, state and national levels and
to assume significant leadership responsibilities in conferences, conventions
and professional organizations;
c. paid sabbaticals for advanced education and
professional growth;
d. other projects which have been planned by
public education employees and which have the goal of educational improvement
at the local level;
7. procedures for meaningful participation by
public education employees in decisions regarding the effective management of
the institution;
8. an
understandable written procedure for curriculum development which includes
participation by certificated employees; and
9. protection
of academic freedom and procedures regarding challenged materials.
H. EVALUATIONS
OF CERTIFICATED Employees
The WEA believes
that an obligation of every school district
as noted in Wyoming Statutes is to provide all certificated
employees with a properly developed and appropriately administered evaluation
system, jointly developed and monitored by elected representatives of
certificated employees, administrators and board members.
1. Evaluation programs should include two
separate components: summative evaluation (job-related evaluation) and
formative assistance (professional growth and peer assistance). The evaluation
procedure should be negotiated to include the following provisions and
standards:
a. Summative Evaluation:
(1). Summative evaluation is the responsibility of
properly certificated administrators and must be entirely separate from any
collegial assistance program.
(2). Properly certificated administrators must be
specifically trained and submit to periodic evaluations of their skills for
that purpose. These skills should
include but not be limited to the following:
* observing certificated employees performing
duties;
* conducting pre and post conferences;
* analyzing work performances;
* developing counseling strategies;
* helping set improvement targets and assisting
in achieving those targets, and
* monitoring and analyzing achievement and
needs of students.
(3). Self and/or peer assessment should never be
used in a summative evaluation.
(4). The evaluation methodology must utilize
multiple facets of the certificated employee's performance.
(5). The evaluation methodology must utilize
multiple procedures of assessment (i.e., observations, conference), but should
never include testing, and should be conducted openly and with full knowledge
of the certificated employee.
(6). The procedures employed must match the stated
purpose, and provide frequent, candid, and constructive feedback on a regular
basis to the certificated employee.
(7). Evaluators must provide certificated
employees who have identified a jointly developed improvement program which
includes deficiencies, remediation options, counseling, sufficient resources,
and continuing opportunities for improvement at district cost.
(8). If, after being given sufficient time and
opportunity for improvement, the certificated employee continues to be
documented as incompetent, dismissal proceedings with guaranteed due process
should be instituted.
b. Formative Assistance:
(1). Procedures for formative assistance should be
centered on the concept of collegial (peer) assistance and supported by teaming
certificated employees to assist one another.
(2). The procedures for these programs should
provide for the certificated employee's input into the selection of peers.
(3). Certificated employees involved in formative
career development programs must remain primarily assigned to classroom
teaching responsibilities.
(4). Specific programs of formative assistance
should be designed to assist in professional growth.
(5). Participation in formative assistance
programs should be on a voluntary basis, with adequate time and opportunity or
compensation provided to facilitate development and implementation.
(6). Information, support and recommendations must
be offered on a confidential basis, and shall not be placed in the certificated
employee's personnel file.
(7). Should management utilize formative
assistance materials for summative or job-related judgments, only certificated
administrators should participate in the formative process.
2. No certificated employee should be
non-retained, terminated, dismissed, suspended or RIFed without due process,
including a hearing before a fair, impartial, and independent hearing officer
and written reasons for action.
I.
EVALUATION OF EDUCATION SUPPORT PROFESSIONALS
The WEA believes
that every public education institution is obligated to provide all education
support professionals with a fair and equitable evaluation process. Regular
written evaluations should be the primary criterion for decisions regarding
retention (not including
The WEA recommends
that local associations negotiate evaluation procedures for education support
professionals to include the following components:
1. Evaluations should be based on mutually
developed job descriptions.
2. The procedures and criteria should be
developed with the participation of support employees.
3. The evaluation policy and procedures should
be made available by the public education institution to all support employees
in the district.
4. Evaluations should be based on criteria
related directly to job performance.
5. With input from the employee’s immediate
supervisor, the administrator shall complete annual written evaluations for
employees under his or her supervision on approved evaluation forms.
6. Employees should receive copies of their
written evaluation and be given the opportunity to make a written response.
7. If an employee’s evaluation rating is less
than satisfactory, that employee should be given specific recommendations for
improvement and sufficient time to make an effort to meet those
recommendations.
8. No education support employee should be
non-retained, terminated, dismissed, suspended or RIFed without due process,
including a hearing before a fair, impartial, and independent hearing officer
and written reasons for action.
J. PROCEDURAL RIGHTS OF PUBLIC EDUCATIONAL EMPLOYEES
1. Due Process
The WEA affirms
its conviction that proper personnel policies include not only those standards
commonly adopted by the NEA and the WEA, but also include properly conducted
investigation of any alleged misconduct prior to any governing board decision involving either
dismissal or failure to rehire. The WEA further believes that termination of
employment or contract without prior, proper investigation is a violation of
employee rights. These policies should be nondiscriminatory as to race,
national origin, religious affiliation, marital status, gender, sexual
orientation, health, weight, age, or physical handicap.
2. Grievance Procedures
The WEA believes
that all
3. Appropriate
Use Policies
WEA encourages its members to
negotiate policies/guidelines for responsible use of technology and technology
programs to protect members and students from harassment, inappropriate
liability, censure, or dismissal. The
WEA believes that all appropriate use policies should clearly define the
boundaries of what activities and usage are or are not acceptable. Appropriate use policies should recognize the
realities of technology use in the workplace and only place limitations or
responsibilities on employees that are practical, reasonable and
necessary.
The
WEA believes that all appropriate use policies should require that the employer
disclose, in advance, whether the employer monitors employee use of tools of
technology, such as computers, e-mail, or internet use, what specific
activities and tools of technology are being monitored, and the purpose and the
scope of the monitoring. The WEA
believes that any monitoring should be limited in scope and should occur only
in situations where it is necessary to protect the best interests of educating
students. Monitoring should not harass,
intimidate, invade personal privacy, limit the right of association or infringe
on personal or academic freedoms.
K.
CONDITIONS OF EMPLOYMENT
The WEA believes
that local associations should endeavor to negotiate the following procedures
and standards into the terms and conditions of employment for public education
employees.
1. Class Size
The WEA believes
that in order to achieve excellence in education, small class sizes must be
maintained, allowing for maximizing teacher-student contact time to best
develop the potential of all students.
Therefore, the WEA supports negotiations that would establish for grades kindergarten through sixth,
an average class size of 15 but no more than 20 in any class; for grades seven
through twelve, an average class size of 18 but no more than 23 in any
class.
Prior to the commencement of each school year, the above
target class size for all core courses shall be set by each school district and
shall govern regardless of any increase or decrease in enrollment for the
balance of the school year.
The WEA recommends that community college boards negotiate a
maximum student/teacher ratio of one teacher to twenty students where student
success is directly linked to the instructor’s ability to work individually
with students, such as in college level writing classes.
Further, the WEA recognizes that due to sparse population and
the necessity of providing an equitable educational opportunity for all
students, class sizes that are smaller than those identified above will be
necessary.
2. Reductions in Certificated Employees
The WEA recognizes
that significant decreases in student enrollment and/or finances may require
implementation of a Reduction in Force (RIF). While such reductions can
endanger quality education through increased class sizes and teaching loads,
failure to enact
The WEA believes
that necessary reductions in force should be according to the following
negotiated procedures and standards:
a) the reduction shall take place only after the
need has been verified;
b) the reduction shall take place in accordance
with seniority, certification, qualifications, board policy and state statute;
c) provisions shall be in place to assess future
staffing needs and to provide for financial assistance to retrain certificated
employees who are in areas vulnerable to
d) there shall be provisions which guarantee full
due process rights for all certificated employees;
e) certificated positions shall not be replaced
by non-certificated employees; and
f) there shall be recall provisions for at least
two years and in reverse order of
3. Reductions in Education Support Professionals
The WEA recognizes
that significant decreases in student enrollment and/or finances may require
implementation of a Reduction in Force (RIF). The WEA also recognizes that a
reduction of education support professionals directly affects the learning
conditions of students.
In order that RIF
happens in an orderly and fair manner, the WEA urges the negotiation of an
education support professionals RIF procedure in each public education
institution and that these
procedures conform to the standards of adopted board policy and state statutes,
using employee seniority and qualifications as the only basis for selection for
RIF, and guarantee full due process rights for all employees.
4. Privatization
The WEA believes
that public school services should be performed by public education
employees. The WEA supports the
protection of the economic security of public education employees.
The WEA opposes any
privatization or subcontracting program that has the potential to adversely
affect public education by:
a) reducing resources that otherwise would be
available to achieve and/or maintain a system of quality public education;
b)
placing the economic
security of public education employees at risk, without regard to individual
job performance, so that the services in question can be performed by private
sector employees;
c)
displacing public
education employees;
d)
replacing full-time
positions with temporary, part-time or volunteer workers;
e)
abrogating previously
contracted benefits, reducing compensation, denying fringe benefits and/or
reducing or eliminating accumulating retirement experience and benefits; or
f)
imposing changes that
have not been agreed to by the affected affiliate.
The WEA further
believes that Education Support Professionals are an integral part of the
process of public education and should be hired and supervised directly by
administrative personnel of each public education institution.
5. Transfers
The WEA believes
that professional and personal growth requires efficient and equitable
procedures for public education employees to transfer voluntarily to new work
sites and to new assignments for which they are qualified. The WEA also
believes that it is neither fair nor educationally sound to involuntarily
transfer public education employees for arbitrary or punitive reasons.
The WEA recommends
that all public education institutions have written policies that contain these
elements:
a) timely
notification of all vacancies, and fair and prior consideration to all
qualified employees who might apply for such vacancies;
b) written
limitations regarding the reasons for which an employee may be transferred or
reassigned involuntarily;
c) when
involuntary transfers are necessary due to changes in enrollment, inverse
seniority should be a major criterion for selection for transfer; and
d) if it
becomes necessary to involuntarily reassign or transfer an employee, that
employee shall be reasonably notified and given the opportunity to appeal the
transfer through a fair and equitable grievance procedure.
6. Safety in the Workplace
The WEA recognizes
the importance of safety for both students and public education employees. The WEA, therefore, recommends that local
associations negotiate safety standards which
establish the education institution’s responsibility to:
a) maintain
safe working and learning environments.
b) inform
employees and students of all known unsafe conditions and take appropriate
action on complaints presented to them.
c) provide
safety training programs and safety equipment in all areas where there is
probable danger to employees, students, or property.
d) recognize
the need for employees, students, and the public to report unsafe conditions.
If a proper authority takes no corrective action, the reporting individual
should have the right to take further necessary action with protection from
reprisal.
e) secure
independent inspections of suspected unsafe conditions.
Any person assigned to correct unsafe
conditions must be trained in the correct procedures and have available the
proper equipment necessary to restore the unsafe situation to its safe and
proper state. If a disagreement over
what is safe and proper should arise, an impartial third party will have the
final say in what constitutes a safe environment.
7. Extra Services or Duties and Extra Curricular
Assignments for Pay
The WEA believes
that extra services or duties and extra-curricular assignments that public
education employees accept and perform are an integral and necessary part of
Unpaid extra
services or duty assignments
beyond the normal workday should be strictly voluntary. Unpaid extra service or
duty assignments during the normal workday should be distributed in an
equitable fashion and should not interfere with a certificated employee's lunch
period, break or
preparation period.
Extracurricular
assignments should be compensated equitably, based on the degree of time and
responsibility required. Such assignments should be voluntary and separate from
the teaching contract. Qualified
education employees must be given the opportunity of first acceptance of paid
positions.
Travel and other expenses incurred by public education
employees in the performance of their duties, including extra services or duties and extracurricular assignments,
should be fully reimbursed by the institution.