© 2018 – All Rights Reserved.

R e p r e s e n t a t i o n , A d v o c a c y a n d L e a d e r s h i p D e v e l o p m e n tBRITISHCOLUMBIAPRINCIPALS'&VICE-PRINCIPALS'ASSOCIATION

David DeRosa and Kevin Fadum

Negotiation Agency & Representation

The Current State of Employment Standards

for Principals and Vice Principals in British Columbia

What comes to mind when you hear Provincial Negotiation Agency You can submit more than one response.

PotentialProvincialTerms• Salary• Benefits• Indemnification• Short-termDisability• LocalAgency• DisputeResolutionClause• ContractReview

PotentialChapterTerms• ProfessionalLearningFunds• DiscretionaryDays• VacationTime• Duties• AssignmentandReassignment

• PerformanceReviewLanguage

PathwaytoProvincialRepresentation

FAIRNESS•EQUITY•SUSTAINABILITY

FAIRNESS•EQUITY•SUSTAINABILITY

1. ProvideChapterrepresentativeswithareviewofthecurrentBCPSEAemploymentstandardsrelatedtoAgency,ContractReviewandDisputeResolution

2. EmphasizethecommonalitiesbetweenBCPSEAexemptemploymentstandardsandBCPVPArationaleforNegotiationAgency

3. ShareProvincialtrends

4. Provideopportunitiesformemberfeedback

Intentions

FAIRNESS•EQUITY•SUSTAINABILITY

• Compensation&EmploymentStandardsforEmployeesnotsubjecttoacollectiveagreement[Exempt,PrincipalandVice-Principal]

“BoardsofEducationarerequiredtoadheretothestandardsasawayofdemonstratingfiscalresponsibilityandsoundmanagementpracticestothepublicandtotheiremployeegroups.”

Background

History of the BCPSEA Employment Standards

Inaccordancewithstatutorydirection,compensationandemploymentstandardsweredevelopedbyBCPSEA,approvedbyPSECandintroducedtothepubliceducationsectorin1995;revisionsweremadein1999.

History of the BCPSEA Employment Standards

InOctober2002Bill66,PublicSectorAmendmentActmoveddirectionfromavoluntarycompliancemodeltoastatutorymodel(mandatorycompliance).

FAIRNESS•EQUITY•SUSTAINABILITY

1.Roles,Responsibilities,andReportingStandards-ensurefulldisclosuretothepublicatthelocalboardofeducationlevel,toBCPSEAandPSEC.

3 Elements of the BCPSEA Employment Standards

2.CompensationStandards-ensureconsistentcompensationadministrationpractices.Thesestandardsmustbeincorporatedintoindividualcontractsofemployments,lettersofappointmentandgeneraltermsandconditions.

3.EmploymentStandards-ensureconsistentcompensationadministrationpractices.Thesestandardsmustbeincorporatedintoindividualcontractsofemployments,lettersofappointmentandgeneraltermsandconditions.

FAIRNESS•EQUITY•SUSTAINABILITY

● Adjustmentstoexemptcompensationlevelsmustbereasonableanddefensible,andreflectthepublic’sdesireforfinanciallyresponsiblepublicsectorcompensationpractices.

● Adjustmentstoexemptcompensationlevelsmustbeadministeredwithinexistingoperationalbudgets.

● Servicelevelscannotbereducedtofundexemptcompensationlevels.

● AnyincreasesintotalcompensationmustbeapprovedbyBCPSEApriortoimplementationbytheBoardofEducation.

● …thereisnoobligationforanemployertoincreasethesalaryleveleveniftheindividual’ssalaryisbelowtheminimumofthesalaryrange.

CompensationStandards

[some]GoodNews

SurreySchoolDistrict#36:CompensationPlanforPrincipals(2010).

Principal [Enrolment] Master Degree Non-Master Degree

0-400 $101,643 $97,603

401-600 $105,766 $101,726

601-800 $109,887 $105,847

801-1025 $114,013 $109,973

1026-1450 $118,135 $114,095

1451-1950 $122,255 $118,215

FAIRNESS•EQUITY•SUSTAINABILITY

LevelAElementarysalariesinMetrohaveincreasedsteadilytokeeppacewithteacherincreases.

EXAMPLEAnelementaryPrincipalinSurreywithaschoolpopulationoflessthan400studentsin2010($101,643)hasexperiencedanincreaseofalmost21.3%intheirsalaryiftheyareatthebottomofAin2018($123,166).

Metro Region Level A - 2014 Level A – 2015 Level A – 2016 Level A – 2017 Level A - 2018

Elementary Principal $116,664 $118,122 $119,840 $120,861 $123,166

FAIRNESS•EQUITY•SUSTAINABILITY

LevelASecondaryPrincipalSalariesinMetrohaveincreasedsteadilytokeeppacewithteacherincreases.

EXAMPLEAsecondaryPrincipalinSurreywith1300studentsin2010($118,135)hasexperiencedanincreaseof10%intheirsalaryiftheyareatthebottomofAin2018($130,138).

Metro Region Level A - 2014 Level A – 2015 Level A – 2016 Level A – 2017 Level A - 2018

Secondary Principal $123,268 $124,809 $126,624 $127,703 $130,138

FAIRNESS•EQUITY•SUSTAINABILITY

Metro Region - 2018 Level A Level B Level C

Elementary Principal $123,166 $126,653 $130,138

Middle Principal $126,653 $130,138 $133,624

Secondary Principal $130,138 $133,624 $137,110

FAIRNESS•EQUITY•SUSTAINABILITY

Metro Region 2014 Level C 2018 Level A

Elementary Principal $123,268 $123,166

Middle Principal $126,570 $126,653Secondary

Principal $129,872 $130,138

FAIRNESS•EQUITY•SUSTAINABILITY

• Boards of education are responsible for ensuring that they are able to eliminate an exempt position upon reorganization of the district.

• Terms and conditions of employment must be open for review and negotiations on a regular basis at least once every five years or at the request of either party.

• Renewal of term employment contracts must require specific action on the part of the school board; provisions that provide for automatic rollover of term contracts in the absence of specific action by the school board are not permissible.

3.1 Boards of education are expected to implement the following compensation-related policies in employment contracts or terms and conditions of employment with staff not subject to a collective agreement:

3.1.1 Contract term, contract renewal, contract termination

• Terms and conditions of employment must be open for review and negotiations on a regular basis at least once every five years or at the request of either party.

TheBCPSEAExemptEmploymentStandardsstate:

• Termsandconditionsofemploymentmustbeopenforreviewandnegotiationsonaregularbasisatleastonceeveryfiveyearsorattherequestofeitherparty.[3.1.1.b]

FAIRNESS•EQUITY•SUSTAINABILITY

[Compliant]ContractLanguage

[Draft] BCPVPA Position

‘The local association would be recognized with local agency in each district in order

to facilitate regular contract language review at the request of either party.’

FAIRNESS•EQUITY•SUSTAINABILITYLocal AgencyBCPSEATermsandconditionsofemploymentmustbeopenforreviewandnegotiationsonaregularbasisatleastonceeveryfiveyearsorattherequestofeitherparty.

BCPVPAThelocalassociationwouldberecognizedwithlocalagencyineachdistrictinordertofacilitateregularcontractlanguagereviewattherequestofeitherparty.

Contractual Recognition and Reference to Local Association

Reference to local association in

45 Districts.

NO reference to local association in 15 Districts.

Slido | Activity 01 Recognition and Reference to Local Association

Using your own contract:

1. Look for direct references to local association and respond using Slido.com #CCNOV18

Example

‘The Board recognizes the Association as the sole representative for all Principals/Vice Principals employed by the Board for Purposes of this Agreement.’

ExampleofRecognitionofLocalAgency:FAIRNESS•EQUITY•SUSTAINABILITY

Abbotsford School District #34

[Draft] BCPVPA Position

‘That every P/VP contract in the province include a Contract Review Mechanism

aligned with BCPSEA policy.’

FAIRNESS•EQUITY•SUSTAINABILITYReviewBCPSEATermsandconditionsofemploymentmustbeopenforreviewandnegotiationsonaregularbasisatleastonceeveryfiveyearsorattherequestofeitherparty.

BCPVPAThateveryP/VPemploymentcontractintheprovinceincludeareviewmechanismalignedwithBCPSEApolicy.

DistrictContractReviewMechanisms

22 Districts 932 Members [37%]

SILENT - No Review or Mechanism Mentioned

16 Districts 681 Members [27%] Contract Review Committee - Consultation

12 Districts 504 Members [20%] Contract Review Committee - Agreement

10 Districts 429 Members [17%] Review Mentioned - No Mechanism Outlined

Slido | Activity 02 Contract Review Mechanism

Using your own contract:

1. Look for direct references to contract review mechanisms and respond using Slido.com #CCNOV18

Example Employment Plan Review Central Okanagan School District #23 5.1 From time to time this Employment Plan will be reviewed with representatives from the Central Okanagan Principals Vice-Principals' Association (COPVPA).

5.2 In the event that as a result of the review it is agreed by the Board and the COPVPA that an amendment to the Employment Plan is necessary or appropriate, and such amendment is recorded in writing, stating it to be an amendment to the Employment Plan, and is signed by the then President and Secretary of the COPVPA and the Board, then such amendment shall thereupon become a term of future Employment Plans and also a term of this Employment Plan and form a part hereof and be binding upon the parties hereto.

ExampleofContractReviewLanguage:FAIRNESS•EQUITY•SUSTAINABILITY

Example Employment Plan Review Central Okanagan School District #23

5.3 Upon any amendments taking place, the Board shall advise the Principal/Vice Principal of the amendment and provide a copy thereof.

5.4 The Board and the COPVPA will make reasonable effort to reach consensus on amendment of the Plan. Nothing in the Plan will prevent the Board from entering into a separate employment contract with a Principal/Vice-Principal that has terms different from the Plan.

ExampleofContractReviewLanguage:FAIRNESS•EQUITY•SUSTAINABILITY

[Draft] BCPVPA Position

‘That every P/VP contract in the province include a Dispute Resolution Mechanism that

includes third party review.’

FAIRNESS•EQUITY•SUSTAINABILITYDispute Resolution

BCPSEATermsandconditionsofemploymentmustbeopenforreviewandnegotiationsonaregularbasisatleastonceeveryfiveyearsorattherequestofeitherparty.

BCPVPAEveryP/VPcontractintheprovinceincludeaDisputeResolutionMechanismthatincludesthirdpartyreview.

12 Districts 882 Members [35%] Third Party Review

Arbitration

Mediation

3 Districts 403 Members [16%] Binding third party review - Commercial Arbitration Act

9 Districts 479 Members [19%] Non-binding third party review - Mediation

Slido | Activity 03 Dispute Resolution

Using your own contract:

1. Look for direct references to dispute resolution and respond using Slido.com #CCNOV18

FAIRNESS•EQUITY•SUSTAINABILITYSlido #3 Dispute Resolution

Using your own contract:

1. Look for direct references to dispute resolution and respond to the Slido question #3

2. NO reference please respond 3. YES reference, determine the application of the reference and please

summarize in Slido.

Example Employment Plan 6 Surrey School District #36

In the event of a dispute concerning the interpretation, application or enforcement of the Employment Plan, the parties agree to submit the matter to binding arbitration, pursuant to the provisions of the Commercial Arbitration Act of British Columbia, provided that no question will be submitted to arbitration until at least thirty (30) days after:

a) the Principal or Vice Principal has endeavoured to resolve the dispute by discussion with the Superintendent or his designee; and

b) failing resolution, he/she has made a written submission in respect of the matter to the Board.

ExampleofDisputeResolutionLanguage:FAIRNESS•EQUITY•SUSTAINABILITY

SummaryofBCPVPAPosition

• thateveryP/VPcontractalignswithBCPSEApolicy.

SUMMARYOFBCPVPAPOSITIONFAIRNESS•EQUITY•SUSTAINABILITY

Termsandconditionsofemploymentmustbeopenforreview[ContractReview]andnegotiations[DisputeResolution]onaregularbasisatleastonceeveryfiveyearsorattherequestofeitherparty[Agency].

[recent] DEVELOPMENTS

The BCPVPA distributed letters in early December 2017 to the BCSTA, BCSSA, and BCASBO to advise that it is undertaking an initiative to be accorded status as the negotiating agent for its members ―for the purpose of achieving a common contractual framework on specified terms and conditions of employment. BCPVPA representatives have visited individual school districts to meet with their members to review the rationale for the initiative — senior district staff have also been invited to attend those meetings.

The BCPVPA requested a meeting with the BCPSEA Board of Directors and the Board invited the BCPVPA to attend its meeting on June 14, where they presented their perspective.

BCPSEA: NewsLink Express (2018-06) - October 2, 2018 (pages 2/3)

BCPVPA Voluntary Negotiating Agency Initiative

After the BCPVPA presentation, the Board asked BCPSEA staff to meet with BCPVPA representatives to obtain more detailed information with respect to the underlying rationale for the initiative — the specific problems the BCPVPA believe will be resolved through this proposed change in approach.

BCPSEA staff met in late August with the BCPVPA staff and will report back to the Board upon receipt of the requested information. BCPSEA will keep boards apprised with further updates as events evolve.

BCPSEA: NewsLink Express (2018-06) - October 2, 2018 (pages 2/3)

BCPVPA Voluntary Negotiating Agency Initiative

PotentialCommonTerms

• ReviewProcess

• Agency

• DisputeResolution

PathwaytoProvincialRepresentation

FAIRNESS•EQUITY•SUSTAINABILITY

PotentialProvincialTerms• Salary• Benefits• Indemnification• Short-termDisability• LocalAgency• DisputeResolutionClause• ContractReview

PotentialChapterTerms• ProfessionalLearningFunds

• DiscretionaryDays• VacationTime• Duties• AssignmentandReassignment

• PerformanceReviewLanguage

Questions[feedback]…