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elps 672
Final exam Winger
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Other
Graduate
07/05/2008

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Cards

Term
Hawthorne Effect
Definition

Hr model: More human side 

Social norms dictate production

Salary isn't only incentive for doing good work

Emphasises relationship between leadership and employees in a democracy 

informal leaders may be more influential 

Term
Culture
Definition
Pattern of shared assumptions or the way things get done
Term
Impasse
Definition
  • When at least 1 of the 2 sides can't  agree and negotiations go to perb
  • Declared jointly or by one party
  • PERB has to certify impasse
  • Leads to mediation
  • Leads to Fact Finding
  • Leads to post-fact finding negotiations
  • Unilateral implementation or strike
Term
Norms
Definition
social expectation
Term
Sunshining
Definition

Announcement... public disclosure of both positions in collective bargaining

BEFORE any negotiations take place, must be posted for 24 hours 

Term
Climate
Definition
The feeling of a school that is the outgrowth of culture
Term
Concerted Activities
Definition

Letting people know position by providing aggressive action

Ex:  strike, work slowdown, letter writing campaign, picketing 

Term

Due Process of Employee rights

Definition
  • Know rules
  • Understand Performance Standard
  • Give Feedback and Be Heard
  • Chance for Improvement
  • Receive Assistance 
Term
IBB
Definition

Using the power of persuasion in

Interest Based Bargaining

Focus on interests (not positions)
Attack issues (not people)
Satisfy the other’s party’s interests as well as your own (mutual gain, win-win)
Yield to principle (not pressure)
Focus on possibilities and opportunities
Team relationship between the two parties

Term
Unfair Labor Practice
Definition

Against ERA covering union Practice

Rodda Act Violation

Involves negotation process

PERB decides 

To avoid issues as admin, Never at a site level...

negotiate

engage in collective bargaining 

allow yourself to be intimidated

abandon principles to avoid conflict 

Term
Grievance
Definition

Volation of contract

(probable site connection)

against superior

Internal steps to resolve

arbitration will decide 

issues:

just cause for discipline

insubordination

assignment process violation

evaluation

misapplication of conduct

Term
Rodda Act
Definition

1975 replaced Winston act

Set scope of collective bargaining

Estabilshed EERB

Educational Employment Relations Board

later called PERB

unit determination, confidential employee rights, right to form a bargaining unit as exclusive representatives

Term
Management Rights
Definition

Any rights not specified in contract as labor rights in edcode, Scope of Anaheim Contract

These rights can include...

educational goals

budget priority

evaluation content

safety

staff direction

Hiring

interpret and implement the agreement 

Term
Cause
Definition
criteria for dismissal which now includes unsatisfactory performance rather than incompetence
Term
FRISK
Definition

Facts

Rules

Impact

Suggestions/Directives for Improvement

Knowledge of right to respond 

Term
Hostile work environment characteristics
Definition
  •  victim perceived rather than intent of suspect
  • Criteria for judging includes a reasonable man
  • Considered severe and Pervasive  (unwelcome)
  • Interferes with work 
Term
Merit System
Definition
a Personnel Commission manages Classified Employees
3 members
sets procedures 
Term
Merit Pay
Definition
pay based on performance
Term

Collective bargaining includes...

 

Doesn't include... 

Definition

salary

benefits

Working conditions

terms of employment 

doesn't include

  • student policy
  • job assignments
  • curriculum requirements
  • fiscal decisions
  • lay offs 

 

Term
Red Flags
Definition
concerns / gaps in resume or application you should ask about including...
2 year shuffle
gaps
who are references from
which references are missing
salary progresion
frequent job changes
geographic changes
convictions
prior adverse action on credential 
Term
CSTP
Definition
California Standards for the Teaching Profession
Term
PERB / IMPASS PROCESS
Definition

Public Employee Relations Board gets involved during Impass

Provides authority to bargain, administer statutes, conduct elections, binding agreements. at impass appoints mediator

Leads to mediation in 2 different rooms

Leads to Fact finding

Arbitration that may be unilateral or strike 

Step 1:  Mediation

Sep 2:  Fact -Finding (EACH PARTY APPOINTS A PANEL MEMBER AND THEY CHOOSE A PERB REP 

Issues advisory report

Either party free to accept, reject or modify recommendation

If not 2nd impass is reached and employer may unilaterally impose it's last best offer.  The union is able to engage in concerted activity. 

Term
Scientific Management
Definition

dividing jobs into increments

using incentives to reward increases in productivity

punishing decreases 

underlying gears and mechanisms of how beaurocracy works

Term
Zipper Clause
Definition
closed for the length of the contract
Term
Openers
Definition
contract provision purposely left open
Term
Human Relations Movement
Definition

work factors judged by social norms

salary not only incentive

intensified need for personnel dep't 

Term
5th amendment
Definition
guarantees right to due process
Term
14th amendment
Definition
added equal protection
Term

Progressive

discipline 

Definition

incremental steps of disciplining employees

Step 1: Informal notice... written or verbal

Step 2:  Formal written reprimand placed in working file on site w/90 days to improve

Step 3:  Further formal written reprimand... all documentation goes to Personnel file

Step 4:  Unsatisfactory evaluation w/Disciplinary action, well documented deficiencies

HR rep speaks to employee about options during steps 3 or 4

4 factors to consider

offense

length of service

prior disciplinary record

employee's last performance record 

magnitude of severity

appropriate and proportionate response to problem 

Term
TQM
Definition

influenced by business and industry 

Deming:  Total Quality Management 

designed to value the input of employee

Teamwork

Empowering employees to serve customers 

Better tomorrow than what we did today

Workforce Development in all aspects of HR

 

Term
Personnel Formula
Definition

Balancing employee ratio for each school by specific formula

Key concept:  fairness 

avoids subjective allocations based on principal's perceived needs. 

Term
Theory Y
Definition

McGregor

Seek Responsibility 

like work 

Employees will exercise autonomy w/out threat of punishment

Most indiv seek out responsibility 

Term

Anaheim Test

*know criteria 

Definition

expanded scope of bargaining

based on previous PERB rulings

salary, benefits and working conditions 

Criteria:

  • subjects are negotiable if they are
  • logically and reasonably related
  • of sufficient concern to cause likely conflict 
  • negotiations will not significantly change management scope 
Term
Ed Code Requirements for evaluations
Definition

procedures are contract negotiated,

but standards to be judged are edcode

Edcode requires a system of eval

Prob eval 1x per yr

Perm 1x every other year

all evals must be provided 30 days prior to end of yr

if unsatisfactory; include written notice and recc.

must then be eval at least 1x per yr until satisfactory 

adhere to curriculum objectives

suitable learning environment

admin certified to measure employee competence 

Term

Personnel Files

Formal district vs informal site 

Definition

Site files

contain oral warnings, complaints, contract references

Should be kept chronologically

Wrap up memo can provide summary info from site

 District Personnel files

right to comment and placed in files w/in 10 days

protects against arbitrary and prejudiciary decision

avail only to employee and those w/official access

can't be forwarded to another agency 

 

Term
California Steps of Collective Bargaining
Definition
Term
Collective Bargaining Terms
Definition
Term
Traditional Bargaining
Definition

political powerplay focused on winning, adversarial

flexing muscle

 

Term
Arbitrary and Capricious
Definition

refers to management resonableness

don't...

make indiv agreements w/employee

Interfere w/STA mtg

encourage 1 organization over another 

no such thing as "off the record" 

Term
Procedural Due Process
Definition

fair notice of impending action

opportunity to be heard

The notice: follow prescribed procedure from edcode including timelines

The Hearing:  Before a board/panal w or w/out witnesses

"Once permanent, your job is your property"

Substantive due process: gov't seizure caused by unfair criteria or insufficient evidence

Liberty interest:  freedom to work w/out stigma of unjust through denial of claim and public disclosure 

Grounds for Dismissal:  show progressive discipline, provide assistance, and stay in compliance w/law 

Term
Pitfalls of Rating at Interview
Definition
Halo Effect
Ideal Image Error
Stereotyped error
First Impression
Prejudging
Personal Bias
Relying on Intuition
Leniency
Projection Effect 
Term
Arbitration
Definition
the process of submitting a dispute between a board and union to an impartial 3rd party or a panel of persons.  Can be compulsory or voluntary.
Term
Agency Shop
Definition
fees must not exceed standard membership dues. Huge poker chip requiring all persons to join and pay dues.
Term
Bargaining Unit
Definition
All employees represented by a particular union.
Term
Good vs Bad faith bargaining
Definition

good

  • honest attempt to reach agreement
  • meet face to face at reasonable times
  • consider all points
  • reach agreement

Bad

  • surface bargaining
  • failure to respond
  • delay
  • bipass negotiators
  • withdraw concessions
  • refusal to provide info
  • lack of authority to negotiate
  • regressive bargaining 
Term
Duty of Fair Representation
Definition
A union can't be sued, and must represent all members of a bargaining unit
Term
Good Faith Negotiations
Definition
come to table w/sincere and subjective desire to reach agreement.
Term
Steps in Collective Bargaining
Definition
Sunshine
Negotiate in good faith
Impass
Mediation
Fact Finding
Hearing Process
Last Best and Final Offer
Ratification can occur in previous 3
Term
Pickering vs Board of Education
Definition
right to speak out on public issue outside the classroom
Term
Prof dev't best practices
Definition

uses performance achievement data analysis of student achievement

Long term 

connects w/school plan

individual student needs

followed by in class experience and then more follow up

respects leadership dev't of teachers

refines and expands skills

continued inquiry and reflection

2-way

accountability and feedback

uses data to determine effect

 

Term
How to respond to claim of sexual harassment
Definition

Ask if anyone else saw/ heard

Ask whether the victim knows of anyone else who has been victimized

Seek HR help for full investigation

Inform victim they won't be retailated against for complaint

Do not promise confidentiality 

Term

Contract confrontations (Grievances)

how to handle

Definition

Log events.. keep notes

meet w/ employee

consult contract

notify next level of mgmt

decide on interpretation

notify employee 

Term
types of site level unfair labor practices
Definition

engage in meeting

impolse or threateen repriasals

Discrimminate against employee

Intervere w/ employee who chooses to exercise any right

Contribute financial or other support

Encourage employyee to join one over another 

Term
CCTC what are committee options when complaint is made?
Definition

1.  no action

2.  Private reprimand

3.  Reprimand cc to employer

4.  All Points bulletin

5.  Revolke certificate 

Term
What is the cause of upcoming workforce shortage in CA?
Definition

Baby Boomers will retire

20% leave 1st 3 yrs

50% leave in urban district 

8% decrease in # of newly credentialed teachers

Emergency credentials are now obsolete

Class sizes are 20% higher than nat'l average

Salary ranks 32nd when purchase power included 

Term
Career ladder vs merit pay
Definition

Career: take on more jobs

Merit:  superior evals, improved test scores, improved student achievement

 

Term
Why not merit pay?
Definition

NEA opposed

Difficult to justify because definition of teaching is vague

many variables in student performance

differential pay may divide staff, discouraging collegial excellence

 

Term
Classified employee
Definition

Prob- ends 1st day after 6 months

If sub works 60 days, entitled to position

Compensation is decided by

surrounding districts

analysis of fringe benefits

internal consistancy

45 day notice for lay off

39 month rule; entitled to reemployment 

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