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District’s Expiring Package Proposal to MPCTA Offering June 28, 2017 Two-Year Contract With Reopeners on Unresolved Issues

Post Date:09/10/2017 10:00 PM

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Monterey Peninsula Community College District Expiring Package Proposal to MPCTA 
Offering Two-Year Contract With Reopeners on Unresolved Issues

On May 5, 2017, the Monterey Peninsula Community College District (“District”) issued a Last, Best, Final Offer (“LBFO”) to the Monterey Peninsula College Teachers Association (“MPCTA”) for a two-year contract to cover the 2016-17 and 2017-18 fiscal years.  On June 21, 2017, MPCTA rejected the LBFO by serving a counterproposal for a two-year contract to cover the 2016-17 and 2017-18 fiscal years.

In response to the MPCTA counterproposal, the District offers this package proposal to give MPCTA unit members a written contract for a two-year period, to lock in areas of agreement that have been reached by the parties to date, and to allows MPCTA leadership to continue negotiations on issues that have not been resolved through bargaining efforts that commenced in October 2016. 

This is an expiring proposal.  If this proposal is not accepted or rejected by MPCTA on June 28, 2017, this proposal will expire and the District’s most recent proposal will remain effective.  If this proposal is rejected or expired, the District will continue to meet with MPCTA to negotiate a successor contract on June 28th and thereafter as required under the Educational Employment Relations Act. 

Terms of Proposal

  1. Contract Period.  

    a.  Propose a two-year contract with an effective period from July 1, 2017 to June 30, 2019 (2017-18, 2018-19).

  2. Article 4 – Association Rights.

    a. Accept MPCTA’s 6/21/17 Proposal on Article 4.

  3. Article 6 – Grievances.

    a. Accept MPCTA’s 6/21/17 Proposal on Article 6, except Article 6.6.1.

    b. For Article 6.6.1, propose a 15 day period for grievant to request mediation of the dispute, which is a compromise between the District’s last proposal (10 days) and MPCTA’s last proposal (20 days).

  4. Article 8 – Leaves.

         a. Accept MPCTA’s 6/21/17 Proposal on Article 8, except Article 8.1.4.

         b. For Article 8.1.4, propose the modified “method of charging sick leave” set forth in the District’s 5/5/17 LBFO (hours absent charged in proportion to weekly hours), which is a compromise between the existing MPCTA contract (charging in full day increments) MPCTA’s last proposal (charging in 1/4th day increments).

  5. Article 14 – Evaluations.

         a. Accept MPCTA’s 6/21/17 Proposal on Article 14.

  6. Article 20 – Part Time Faculty.

         a. Accept MPCTA’s 6/21/17 Proposal on Article 20, except for Articles 20.9.3 (page 48) and 20.10 (page 48).

         b. For Article 20.9.3 (page 48), propose the restatement of Ed. Code Section 87482.3 as set forth in the District’s 5/5/17 LBFO (without reference to the multi-year adjunct faculty contracts proposed by MPCTA).

         c. For Article 20.10 (page 48), propose that the parties include the proposal for multi-year adjunct faculty contracts in the continuing negotiations during 2017-18 on “reopener” items specified in this proposal.

    7. Article 23 – Division Chairs.

         a. For Article 23 as a whole, propose retaining status quo while District management refines its position on the restructuring of Academic Affairs.  

         b. Negotiations on bargainable impacts of the restructuring would occur upon the District’s completion of its decision-making process, and if/when the District exercises it managerial prerogative to restructure the District’s operations.

    8. Article 24 – Statutory Changes.

         a. Accept MPCTA’s 6/21/17 Proposal on Article 24.1.

         b. Propose Article 24.2 as set forth in the District’s 5/5/17 LBFO, except:

              i. Replace the second sentence of Article 24.2 with: “Notice of all such changes will be provided in writing to the President of MPCTA at least 30 business days of the implementation of said changes, except in extraordinary circumstances when advanced notice should be given as soon as reasonably possible.”

              ii. This increases the proposed period for District notice to MPCTA from 20 days (District’s 5/5/17 proposal) to 30 days (MPCTA’s 6/21/17 proposal), and allows for an expedited process in extraordinary circumstances.  
     
    9. Athletic Director - MOU.

         a. With respect to the Athletic Director position, propose signing the MOU presented on 5/5/17 and conceptually agreed upon by the parties.  

    10. Library Director - MOU.

         a. With respect to the Library Director position, propose signing the MOU presented on 5/5/17 and conceptually agreed upon by the parties.  

    11. Immediate Reopeners for 2017-18.

         a. Propose that the parties immediately reopen negotiations on the contract articles that remain unresolved during the present round of negotiations. 
     
         b. The reopeners would be on the following nine contract articles:
     
              i. Article 9 – Employee Benefits

              ii. Article 11 – District Calendar

              iii. Article 15 – Workload

              iv. Article 16 – Salaries

              v. Article 17 – Extra Duty and Extended Year Pay

              vi. Article 20 – Part-Time Faculty (with respect to MPCTA’s proposal for multi-year adjunct faculty contracts only)

              vii. Article 27 – Faculty Service Areas and Competency Standards

              viii. Article X – Professional Responsibilities

              ix. Article X – Distance Education and Intellectual Property

See this webpage for a list of all current updates related to MPC's Collective Bargaining.
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