Policy 495A - Teacher Strike Plan

Reviewed: August 18, 2015

GENERAL GUIDELINES

A. Employee Rights and Obligations

    1. The legal right of teacher bargaining unit personnel to strike will be respected.
    2. The legal right of teacher bargaining unit personnel to report to work during a strike will also be respected and supported.
    3. All other employees except teachers in the bargaining unit have the legal obligation to report to work during a strike. The district will expect and enforce the report-to-work obligation of all employees. Schedules may be modified at any time during the strike.

B. Operating District Programs During a Teacher Strike

    1. Under the conditions of a teacher strike, the district will not open K-12 schools for regular classes. The decision to keep schools closed will continue to be reviewed and assessed throughout the term of the strike.
    2. Under conditions of a teacher strike, extra-curricular activities may be allowed to

a. The district will offer to allow striking and nonstriking teachers the option of continuing to supervise extra-curricular activities.
b. Activities will be discontinued if a qualified head coach / supervisor is not available.

3. Operational decisions relative to such other programs as Community Education will be at the option of the appropriate director.

C. Emergency Authority of the Superintendent

    1. It is recognized that under threat of strike or under actual strike conditions, emergency decisions may need to be made on behalf of the district. The school board, by official action, will grant to the superintendent emergency authority to act on behalf of the board.
    2. The authority action will include the stipulation that to the extend possible, the superintendent will confer with the board president prior to emergency action which is in the purview of the board. All action will be communicated to the board and also appropriate post-confirmation will be requested.

D. Schedule of Make-Up for Loss of Time Due to a Strike

    1. There will be no make-up for loss of time due to the strike.
    2. The district will review the possibility of providing support programs to be made available to students during a strike.
    3. The administrators will also prepare plans for modifying the instructional program to maximize academic instruction within an abbreviated school year.
    4. The Director of Teaching and Learning will coordinate with the Minnesota Personnel Licensing and Placement Department to assist substitutes in attaining proper licensure when necessary.

E. Wages and Benefits During a Strike

    1. Benefits and wages will continue for all reporting teachers.
    2. Striking personnel will forfeit all wages and benefits for each day of the strike, effective the first day of the strike.
    3. Striking personnel will be provided the option of purchasing continued insurance coverage subject to payment of the total insurance premium costs paid on the date as prescribed by the district. Payments will continue to be due on a monthly
    4. Annual sick leave and other benefits will be reduced on a pro-rate basis as determined by the total days of non-reporting of each striking teacher.

F. Status of Other Employees During a Teacher Strike

    1. All other employees except teachers under the bargaining unit will be expected to report to work. Any employee who does not report will be subject to the full penalty of the law.
    2. Wages and benefits will continue for nonstriking employees who are required to
    3. Administrators should plan for functions to be performed by nonstriking employees during the strike, including work assignments, inservice, etc.

G. Conduct of Striking Employees

1. Striking employees will not be permitted on school property or in school facilities with the following exceptions:

a. Any official or agent of the union who needs to enter any school premises to conduct official business must have the prior approval of the superintendent or designee. The terms of entrance will be established on each individual case.

b. Individual striking teachers who have public business at a public function held in school facilities will have access. This will be closely monitored. If problems develop, a limitation on conducting public functions may need to be considered.

2. Striking Teachers Have a Right to Picket

a. Picketing will be orderly and limited to general public areas exclusive of school property.

b. Picketers may not block access to the buildings.

c. Any act which threatens the safety of those crossing lines will be subject to police and district action.

3. Legal Responsibility When Driving Through a Picket Line

a. A moving vehicle entering a driveway with picketers moving must come to a complete stop and exercise caution before proceeding through the driveway.

H. After Notice of Intent to Strike and Prior to the First Possible Date of Strike

    1. A meeting will be held with representation of all nonstriking unions and nonstriking employee groups. The representatives will be informed of the district’s expectations of all employees during a strike.
    2. A meeting will be held with representation of the striking union to outline the district’s expectation relative to conduct of the union and striking employees during a strike; position of the district relative to make-up time; position of the district relative to insurance and benefits; and to express the intent of the district to respect the right of employees within the striking bargaining unit to engage in strike as well as a right of bargaining unit employees to report during a strike.
    3. Public statements at board meetings and news media releases will be utilized to the fullest extent for factual reporting of the district’s position.

I. Recognizing that working parents of elementary age children may have special problems of supervision created by a prolonged school closing due to a strike, the district may expand the community S.A.C.C. Tiger Club program for elementary aged children.

OPERATIONAL GUIDELINES

A. The operations network will serve to coordinate communication and facilitate actions as necessary under strike conditions.

    1. Compiling strike reports from buildings twice daily.
    2. Serving as “hotline” for items needing awareness / action
    3. Monitoring all daily strike activities.
    4. Gathering and analyzing special data as needed.
    5. Serving as “rumor control.”
    6. Provide daily public and media releases.

B. Operations

    1. Superintendent – 389-6190
    2. Director of Business Services – 389-6183
    3. Human Resources Coordinator – 389-6181
    4. Director of Teaching and Learning – 389-7278

a. PHS Principal – 389-6010
b. PMS Principal – 389-6750
c. North Principal - 389-6802
d. South Principal – 389-6902
e. Community Education Director – 389-6199

6. Building Plans

a. Serve as primary building information source and manager of programs regarding:

      1. General Communications
      2. Routine Daily Reports
      3. Critical Issues as Necessary

b. If the district has advance notice of the strike, procedures will be followed to assess the strike with employees but without involving students. Parents and students will be informed that schools are closed during the strike during regular school hours.

c. In the event that a strike occurs without a sufficient advance notice, principals will need to prepare a building plan for dealing with students without teacher supervision.

      1. If students are to be returned home, transportation will need to be alerted.
      2. If students are to remain in school, supervised activities will need to be planned.

C. Daily Operations

1. Daily Strike Report

a. Principals will be responsible for telephoning the Building Contact Person daily for strike report information. Target time: 8:15 a.m. and 1:45 p.m. daily.

b. Principals will complete daily strike reports for each location and forward to the district office.

c. The Superintendent’s Secretary will compile daily fact sheets and deliver to the superintendent for appropriate distribution.

2. Public Releases

The Superintendent’s Office will write public release statements, using appropriate information. These will be made available to the public in the Superintendent’s Office.

3. Director of Business Services

The Director of Business Services shall receive the daily strike report and:

      1. Provide for proper wage and benefits for reporting teachers
      2. Follow-up on absences of nonstriking employees.
      3. Provide for temporary help as needed.
      4. Security

Discretionary judgment should be used by building administration in security matter problems.

a. Routine Security Incidents: take appropriate action and report to the superintendent.

b. Security Alert: Human Resources Coordinator at 389-6181.

c. Emergency Alert: Contact appropriate support body directly (police, fire). Telephone report to Human Resources Coordinator at 389-6181.

5. Strike and Negotiations Information

Information on negotiations and strike proceedings for board and administration will be available in the Office of the Superintendent.

Cross Reference:

Adopted: January 12, 2010
Renumbered: January 26, 2010
Reviewed: August 18, 2015