Where’s the Data? No reponse…

Good Afternoon,


Your most recent email to employees says, “Issues discussed at negotiations are often nuanced and it is not unusual to have differences arise after a tentative agreement has been signed. In prior years, the teams would have worked to resolve those differences through the process rather than unilaterally calling for a ratification vote.”


Can you please cite the following: 


1). Specific instances and documentation (years, names of people on bargaining teams, issues that were re-negotiated, and either links to or attachments of documents) detailing when, after both teams signed the Tentative Agreement, the teams came back to the negotiating table to re-negotiate the TA before it was offered to members for ratification.


2). Specific language in the contract that outlines the process for making changes to the Tentative Agreement after it has been signed by both bargaining teams, but before it is offered to employees for ratification.  The only relevant language in the contract that I am able to find are Articles 5-6-7 and 5-4-1:


Conducting Mediation/Fact-Finding– Article 5-6-7: To the extent that tentative agreement is reached on the issues in dispute as a result of such mediation/fact-finding, the procedures provided in Sections 5-4-1 and 5-4-2 shall apply. (There is no article 5-4-2)


Adopting Agreement– Article 5-4-1: Tentative agreements reached as a result of such negotiations will be reduced to writing and presented by the Association to its membership within thirty (30) schools days after the tentative agreement has been reached.  The Association shall have twenty (20) school days from the date that the tentative agreement has been presented to membership in which to advise the Board in writing of the the acceptance or non-acceptance or non-acceptance of said tentative agreement.  Absence of a written reply within this allotted time shall constitute ratification.  Within thirty (30) school days following ratification, the Agreement shall be presented to the Board for its tentative approval.  After the Agreement is adopted by the Board, the final Agreement will be signed by the Board and the Association.


3). Specific written language in the signed May 2014 Tentative Agreement that specifies that both bargaining teams understood that after being signed by both bargaining teams, the terms of the TA were still up for negotiations and were not to be presented as a TA to employees.  


If you can provide this specific evidence, with sources, I will make sure every employee in my building sees it and understands it.


Erin Murphy


Alameda International High School